What Legal Executive Lawyers
Do
Not all lawyers are solicitors or barristers. Under the Legal
Services Act 2007 (hereinafter the 2007 Act), for example, Legal
Executive lawyers are ‘authorised persons’ undertaking ‘reserved
legal activities’, alongside solicitors and barristers. A Legal
Executive lawyer specialises in a particular area of law, and will
have been trained to the same standard as a solicitor in that
area.
Fully qualified and experienced Legal Executive lawyers are able
to undertake many of the legal activities that solicitors do. For
example, they will have their own clients (with full conduct of
cases) and they can undertake representation in court where
appropriate.
Legal Executive lawyers must adhere to a code of conduct and,
like solicitors, are required to continue training throughout their
careers in order to keep themselves abreast of the latest
developments in the law.
The role of a Legal Executive
Lawyer
As a general rule, a Legal Executive lawyer is able to undertake
all work that may be undertaken by a solicitor under the
supervision of the solicitor (also known as a principal) In this
sense, the work of a Legal Executive lawyer is almost
indistinguishable from the work of a solicitor.
As yet, Legal Executive lawyers do not generally have
independent practice rights, but under the 2007 Act, Legal
Executive lawyers are able to become partners or managers in Legal
Disciplinary Practices (firms of different lawyers with 25%
non-lawyer managers).
Looking ahead, when the relevant sections of the 2007 Act come
into force, Legal Executive lawyers will be able to become partners
or managers in Alternative Business Structures (firms with external
ownership and investment) and set up their own practices.
Another recent and important development will mean that Legal
Executive lawyers are now eligible to apply for prescribed
judicial posts and become Chairs of Tribunals. These are exciting
times.
Rights of Audience
The main exception to the general rule
that a Legal Executive lawyer under supervision can undertake
all work that a solicitor can do, is the right to appear in open
court in the High Court, county courts and magistrates’ courts.
However, under the County Court (Rights of Audience) Direction 1978
rights of audience were extended to include the following:
(i) certain unopposed applications in the County Court;
(ii) An application for judgment by consent.
In addition to the above rights, a Legal Executive Lawyer may
appear in county court arbitrations and before tribunals at the
discretion of the court. This is under the general discretionary
power of the court or tribunal.
However, the general rule is now subject to additional rights
that the Institute of Legal Executives can award Legal Executive
lawyers who have completed the prescribed rights of audience
qualification. A Legal Executive lawyer who has successfully
completed and passed the advocacy skills course and evidence test
may apply to ILEX for the relevant rights of audience certificate.
ILEX is then able to award the rights of audience under the
prescribed certificate.
Coroners Courts
The granting of the above rights is subject to Legal Executive
lawyers being employed in solicitors or other litigators practice
and those that have fully paid subscriptions for membership
purposes.
Commissioner of
Oaths
In English law, a Commissioner of Oaths is a person appointed by
the Lord Chancellor with power to administer oaths or take
affidavits. All Legal Executive lawyers have these powers but must
not use them in proceedings in which they are acting for any of the
parties or in which they have an interest. This is a free standing
right under the Statutory Instrument 1995 No.1676.
Further Rights
Legal Executive lawyers can also act as claims managers under
the Compensation Act if regulated by ILEX, and ILEX is a designated
professional body for the purposes of regulating immigration
advisors. As such, ILEX can authorise relevant members who are on
the immigration register to undertake immigration and asylum
services.
Legal Executive lawyers of three years’ good standing can sign
client account cheques drawn on their principals’ client account
(Solicitors Account Rules 1991).
Legal Executive lawyers can also give advice on compromise
agreements. A compromise agreement is a legally binding agreement
usually between an employee and employer when the parties want to
set out the terms and conditions reached when a contract of
employment is to be terminated or a dispute is to be resolved. Such
an agreement can be used, for example in redundancy, by mutual
agreement, dismissal, or to settle an Employment Tribunal case.
As a matter of completeness, Legal Executive lawyers employed by
Local Authorities or Housing Management Organisations (exercising
Local Authority Housing functions) can also exercise certain rights
of audience in the magistrates’ courts and county courts acting on
behalf of their local authority or housing management employer
along with other employees. Legal Executive lawyers are categorised
as conveyancers for certain purposes under the Land Registration
Rules and in most cases may sign transfer deeds on behalf of their
employers in conveyancing transactions.