Criminal Law
Law Society attacks right of Legal Executives to make grants of probate
1st September - In the same month the UK saw its first legal executive judge, it has been proposed that will-writers and legal executives should be given the right to make grants of probate by next March. However, the Law Society has warned that the move could give ‘false comfort’ to consumers. Part on the proposal also means that there would the ability to grant Fellows and Graduate Members independent rights to conduct criminal litigation...
The rule change being sought would mean that ILEX could authorise its members, many of whom already conduct probate work, to perform the grant of probate, which is currently restricted to solicitors, licensed conveyancers, and some accountants in limited circumstances. However, the application also seeks to allow ILEX to grant probate rights to non-ILEX members, such as will-writers, who pass its qualifying criteria.
In a consultation issued this month, ILEX’s regulatory arm, ILEX Professional Standards (IPS), said the rights to conduct criminal litigation will allow ILEX members who have completed the qualification course to set up in independent practice if they wish.
Chief Executive of IPS, Ian Watson, commented: “ILEX members will have gained substantial experience of preparing cases for trial, observing other advocates presenting cases and in most instances representing clients at the police station. Under this application, ILEX litigators will be trained and assessed in advocacy skills relevant to their specialisation. The advocacy training will be supported by the litigation qualification scheme criteria. The training will enhance and improve their skills.”
ILEX chief executive Diane Burleigh said: “ILEX very much supports the work being done by IPS. It will almost complete the suite of rights that our members will need if they are to fully take advantage of new opportunities provided by the Legal Services Act and new legal business models.”
Though the litigation rights sought range across the full spectrum of criminal work, the advocacy rights mirror those that IPS can grant to members currently qualifying as legal executive advocates – appearing in the magistrates’ court, youth court, coroners’ court, and the Crown Court for bail applications and appeals or on committal for sentence.
Most of the 67 ILEX members who have gained advocacy rights have done so for criminal proceedings and IPS said “the current course provider has commented positively on the ability and skills” of those taking it.
IPS proposes that members seeking the rights would first have to apply for a certificate of eligibility, for which they would have to demonstrate a certain level of knowledge and experience. If granted, the member would then undertake a litigation skills course, and, if they want advocacy rights and are not already a legal executive advocate, an advocacy skills course.
A qualified legal executive litigator then wanting to set up in independent practice would have to apply to IPS for authorisation, and would be subject to the same practice management and accounts rules that IPS has already drawn up for civil and family litigators.
Meanwhile, IPS is also seeking to close the loophole which prevents ILEX advocates who become partners in legal disciplinary practices (LDPs) from exercising their rights of audience. Another consultation proposes to alter the current ILEX rights of audience certification rules, which pre-date the creation of LDPs, as they currently only permit employees to qualify as legal executive advocates.
This means an ILEX member cannot continue as an advocate if they become a partner. The change will not permit members to become independent advocates; they will still have to be employed by or managers in a legal practice.
The criminal rights consultation closes on 22 October and the advocacy consultation on 15 October. See http://www.ilexstandards.org.uk/.
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