Legal executives bid to regulate firms

Legal executives have launched their bid to regulate firms providing probate, conveyancing, litigation, advocacy and immigration services.

CILEx and its independent regulator ILEX Professional Standards (IPS) submitted applications to the Legal Services Board yesterday.

The Council of Licensed Conveyancers regulates ABSs, but this time last year the LSB rejected its application to move beyond conveyancing and probate and into litigation.

The LSB is already considering an application from the Institute of Chartered Accountants in England and Wales (ICAEW) to regulate probate work and ABSs.

Nick Hanning, the president of CILEx, said a huge amount of work had gone into the application.

"I have every confidence it will provide a solid basis for CILEx members and others regulated by CILEx to exercise rights in relation to reserved activities in their own right, to manage their own firms or businesses offering legal services, or to lead legal departments, no longer held back by the lack of practice rights," Hanning said.

"CILEx is all about opportunity. Its open access approach to qualifications and membership brings an unrivalled measure of diversity to the legal services sector.

"What better vehicle for equality is there than to allow anyone capable of it to run their own business?"

Alan Kershaw, chairman of IPS, said there was a "degree of incredulity" among judges and politicians that legal executives had been denied the right to set up their own firms for so long.

Kershaw said the challenge for IPS was to demonstrate to the LSB and the statutory consultees, and later to the Lord Chancellor and parliament, "not only that CILEx members are up to the job but that we have the capacity and capability to regulate them and the businesses they set up".

CILEx said that the system of regulation used by IPS would be outcomes-focussed, risk-based and include the full range of consumer protection provisions.

The application to become an approved regulator under the Legal Services Act must be approved by the LSB and the Lord Chancellor.

CILEX and IPS have also applied to extend existing powers to conduct litigation from criminal work to civil and family proceedings and grant related rights of audience to those who are granted rights to conduct litigation. This needs the approval only of the LSB.