CILEX urges regulators to enhance access

The Chartered Institute of Legal Executives (CILEX) has voiced concerns that legal regulators are failing to adequately open up flexible pathways into legal careers aimed at enhancing diversity within the profession. CILEX argues for greater expectations and incentives for regulators to create new routes into practice or to offer more flexibility within current qualification processes. In response to the Legal Services Board (LSB) consultation on its draft policy statement for a more diverse legal profession, CILEX stated, “Such flexibility is often not in great evidence, in CILEX’s view, and regulators need to display greater agility to respond to sector issues sooner if demand outstripping supply is to be meaningfully met.”

Moreover, CILEX believes that regulators should have the autonomy to develop enhanced expectations that align with their understanding of specific areas within the legal field, allowing for timely action to improve diversity. The organisation is advocating for consistent regulatory standards across various sectors of the profession, particularly for those returning to legal work or transitioning between divisions. Without such standards, CILEX warns of the potential “race to the bottom” as practitioners may “simply gravitate to the lowest achievable standard”, potentially undermining consumer protection and public trust in the legal system.

CILEX acknowledges that workplace culture transformation is crucial for fostering a diverse legal profession. However, it warns that genuine cultural change can take time, especially in a conservative sector with challenges rooted in broader societal issues. The response particularly highlights the difficulties faced by UK branches of US law firms, suggesting such issues should be handled “sensitively” in light of the current US administration's reluctance to embrace diversity and inclusion initiatives.

Additionally, CILEX has urged the LSB to adopt a more strategic approach to support various initiatives across the legal profession. Despite being the most diverse membership within the sector, CILEX has experienced “little active support” for its efforts to facilitate judicial appointments for qualified members. In the shrinking criminal legal aid sector, CILEX has strived to demonstrate the qualification and competence of its members to take on essential roles but has done so largely “alone”.

CILEX President Sara Fowler emphasised that “everyone recognises the importance of the legal sector representing the society it serves and making a legal career accessible to all.” She added, “While measures such as data collection are important, we need to focus on practical improvements that use existing evidence and good practice to make real change.” Fowler concluded by stating, “The expectation should be on regulators to consider how they can proactively open up new routes into the profession or make existing routes more flexible without compromising on standards. This is particularly important in areas of high unmet legal need where more practitioners are required to service demand.”