According to the Law Society Gazette, CILEX recently announced it will campaign for a review of the Legal Services Act in its 2027 to 2031 strategy. The article states that CILEX believes that the Act should be looked at again because the legal services market has changed since it came into force 20 years ago.
What Is CILEX Proposing?
The Law Society Gazette notes that CILEX is proposing a wider review of the Legal Services Act because it says the present framework should be reconsidered. Its strategy says it will campaign for regulatory reform to ‘improve outcomes, increase effectiveness, and strengthen recognition of CILEX as the third branch of the legal profession’.
The article reports that CILEX also wants to establish legal executives as the third branch of the profession. Jennifer Coupland, CILEX’s Chief Executive, told the Law Gazette that the Act came into force 20 years ago and that the realities of legal services have moved on in many ways since then.
Why Does CILEX Want A Review?
The Law Gazette reports that Coupland questioned whether the present list of reserved legal activities and the structure of 16 regulators still best serve the public and promote confidence in standards. Coupland told the Law Gazette: “The Legal Services Act has six reserved legal activities. I think that should be looked at again. It lays the framework for our current regulatory system. The fact we have 16 regulators, is that the best way to serve the public and give them confidence in standards? I want to see the government begin a cross-sector debate about this.”
What Changes Does CILEX Want?
CILEX wants changes to both legal regulation and legal terminology. The campaign covers the scope of reserved legal activities, the structure of the regulatory system, and the wording used in the Civil Procedure Rules.
On regulation, CILEX wants the government to reconsider the six reserved legal activities set out in the Legal Services Act. It also wants the Government to revisit whether the current system of 16 regulators remains the best way to regulate legal services.
On court procedure, CILEX is targeting wording that it sees as out of date. The Law Society Gazette reports that practice direction 47 refers to costs certificates being signed by “the receiving party or solicitor”. CILEX says that wording should be amended so that “solicitor” becomes “authorised person”, reflecting the position of CILEX lawyers who are authorised to conduct litigation.
How Does Mazur Fit In?
CILEX’s success in challenging Mazur, a case that would have restricted the ability of legal executives without practice rights to carry out litigation activities, means that it is now pushing for broader reform.
The Law Society Gazette reports Coupland saying that CILEX has done “really well” in recent years in winning the argument about standards, and that more people now understand that CILEX lawyers are highly competent within their specialist fields.
What About Redelegation?
Redelegation is no longer the immediate focus. The Law Society Gazette reports that earlier plans for the Solicitors Regulation Authority to take over the regulation of legal executives have been dropped. Coupland said that when she took up post last September, a large amount of work had already been done on redelegation. Even so, she concluded that pursuing it would demand time and resource that should instead be directed to the priorities set out in CILEX’s strategy.
The article says Coupland and Sarah Rapson, the Chief Executive of the Solicitors Regulation Authority, both concluded that this was not the right time to pursue regulatory redelegation. The immediate emphasis is therefore on improving the present system and pressing for a review of the Legal Services Act.
Final Words
CILEX is using the next stage of its strategy to press for structural change and asking whether the present model of legal regulation still fits the work it is meant to govern. The immediate aim is to persuade the government to reopen debate about the Legal Services Act and the way legal regulation is organised. This does not mean reform is imminent, however. It does mean that CILEX is setting out the issue as one of public confidence, regulatory effectiveness, and proper recognition of authorised lawyers within the current market.
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