Sanctions and Appeals
The Professional Conduct Panel and the Disciplinary Tribunal can impose sanctions, if it finds a chartered legal executive guilty of misconduct. If this has happened to you, you can appeal the decision.
You only have 42 days to lodge an appeal. If successful, the Appeals Panel may overturn the decision or may award a more lenient penalty. To make an appeal, please contact us for expert legal advice.
When a chartered legal executive is investigated for misconduct, the matter is dealt with either by the Professional Conduct Panel (PCP) or the Disciplinary Tribunal (DT). Both have the ability to impose sanctions, if it concludes a member has breached the CILEx Code of Conduct.
The potential sanctions include –
• A warning
• A reprimand
• A fine (of up to £100,000 for a member, or £50 million for CILEx practitioners)
• The requirement that you meet certain conditions in relation to your future conduct
• The exclusion of your CILEx membership or authorisation
The decision will also be published on the CILEx Regulation website and in the Chartered Legal Executive Journal.
Make an appeal
If you disagree that you are guilty of misconduct, or you feel the sanctions imposed are too harsh, you are entitled to make an appeal. To do this, you need to lodge an appeal in writing with the Appeals Panel. This must be done within 42 days of the PCP or DT making its decision.
Typically, there follows a hearing in front of the Appeals Panel. The panel consists of three people – two lay people and one professional. The panel hears any evidence it deems to be fair and relevant to the case before making its decision.
If the Appeals Panel finds in your favour, it may –
• Quash the decision
• Refer the matter back to the Disciplinary Tribunal
• Impose a different sanction
• Make additional orders
An appeal is your last chance to overturn or amend the decision against you. There is a lot riding on the outcome, especially if you have received a significant fine or your CILEx membership has been revoked. This can have a detrimental on all aspects of your life, damaging your career, your personal finances and even your family.
Because of the gravity of the situation, we strongly recommend asking us for help. We represent chartered legal executives whose conduct has been called into question. We can help you throughout the entire case – including during the appeals process.
Our first step is to advise you on the prospects of success at an appeal. If we believe you have a case to pursue, we manage everything for you. This includes gathering evidence, lodging an appeal and presenting your case at the hearing. This will be a huge relief to you, as you can rely on our expertise from start to finish. Not only does this increase your chances of success, it also ensures your appeal is made within accordance of the rules.
Contact us now
Remember that an appeal must be lodged within 42 days of the PCP or DT making its decision. This does not leave much time to devise a strategy and collect the necessary evidence. That is why we recommend contacting us as soon as a decision goes against you. We can explain your options, guiding you through the next steps.
Why Choose Us?
- Represented the SRA for over 20 years
- Defended over 150 solicitors
- Specialist Regulation Solicitor
- Member of The Association Of Regulatory & Disciplinary Lawyers
Helping clients throughout England and Wales