Powers and Duties
The Professional Role of the Legal Executive
The provision of legal services in England and Wales
is governed by the Solicitors Act 1974, as amended by the Courts and
Legal Services Act 1990 and the Access to Justice Act 1999.
As a result, most legal services could only be provided
by 'authorised practitioners' (i.e. mainly solicitors, barristers
and licensed conveyancers). Legal Executives and patent agents have
recently been able to become authorised practitioners as well, and
this is a developing trend.
There are some areas of legal services which are
not regulated, such as the provision of advice, non-contentious dispute
resolution and will drafting. Immigration advice was in this category,
but has recently become a regulated area.
The Role of the Legal Executive.
Under the supervision of their principals, ILEX Fellows exercise a
wide degree of control and responsibility, and supervise other people
with whom they work. They do not have any independent practice rights.
Fellows of three years good standing may sign cheques
drawn on their principals' client account (Solicitors' Accounts Rules
1991)
Fellows often participate in the training of student
Legal Executives and trainee Solicitors and help them acquire day-to-day
experience in the law.
The names and status of Fellows may appear on the
professional note-paper of the solicitors by whom they are employed.
Only a Fellow of the Institute of legal Executives may be described
as a 'Legal Executive'.
There is a wide range of specialist activities which
Fellows of ILEX are trained to undertake:
Contentious Matters
Embracing civil, criminal and matrimonial litigation,
on behalf of his/her principal, a Fellow will:
- attend and have a right of audience
in chambers before judges, masters, registrars and district judges
of the High Court and before circuit judges and district judges
of the county courts
- have the right to address the court on:
an unopposed application for an adjournment or an application
for judgment by consent
- represent an appellant before a
Legal Aid Area Committee on the hearing of an appeal against a
decision affecting an applicant's right to receive Legal Aid
- interview and obtain reports from
expert witnesses
- prepare pleadings, summonses and
affidavits during the course of legal proceedings
- instruct counsel and collate relevant
documents, evidence and information in actions proceeding to trial,
in proceedings before tribunals, in arbitrations and at public
inquiries
- make observations on the facts,
on the law and on procedure to enable the litigant's case to be
put before the court or tribunal
Conveyancing
A Fellow will:
- give advice and draft documents
on the sale or purchase of land, including contracts, conveyances,
leases and charges
- advise on questions of title, easements,
charges, boundaries, drainage rights and rights of way
- co-operate with other professional
experts, including chartered surveyors and chartered architects
Trusts, Probate & Administration of Estates
A Fellow will:
- prepare wills and other instruments
creating trusts
- be experienced in obtaining grants
of probate and of representation
- have knowledge of the procedures
of the Probate Registries when administering Estates
Company & Commercial Law
A Fellow will:
- advise on the incorporation and
management of companies
- draft the memorandum and articles
of association
- advise directors, secretaries and
others about the duties of management and control and on the law
relating to the formation and management of partnerships, and
on bankruptcy and insolvency
- appear in court in small claims
cases
Local Government & Public Administration
A Fellow will:
- have knowledge of the functions
of public authorities
- have knowledge of the law relating
to housing, education, planning , public health, welfare and administrative
law
- have special rights to appear in
magistrates and county courts on behalf of his employer
It is not essential to be a Fellow to be allowed
to carry out all of these functions, but employers must ensure staff
are competent to carry out the work given to them.
|
