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Jean-Yves Gilg

Editor, Solicitors Journal

Paralegals to become 'specialist lawyers' under new proposals

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Paralegals to become 'specialist lawyers' under new proposals

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CILEx Regulation announces review of its regulatory process with plans to build on CPD success

A regulatory review is to consider whether paralegals can become 'specialist lawyers' capable of setting up their own firms or operating independently.

CILEx Regulation was ahead of the regulatory game when it moved away from old 'tick-box' style of continuing profession development (CPD) to an outcomes-focused and competency-based model two years ago.

However, the independent regulator, established by the Chartered Institute of Legal Executives (CILEx), will now review how it can go further.

In a speech at the Westminster Legal Policy Forum on reforming legal education and training, CILEx Regulation board member David Gilbertson set out the regulator's development plans.

'Our CPD scheme was innovative for the sector at the time of its introduction,' he said. 'It removed the requirement for hours or points to be accumulated and replaced it with a requirement to meet a minimum number of learning outcomes, relevant to the individual.'

The regulatory also introduced a competency based process for seeking authorisation as a lawyer, through the submission of a portfolio of evidence drawn from their caseload.

Applicants provide a reasoned, evidenced document, which demonstrates that they have the necessary knowledge, skills, and competence to be admitted as a qualified lawyer.

'We are going to consider the evidence that two years of operation of these schemes has provided, and we will be looking at the possibility of creating streamlined pathways to enable paralegals to become both chartered legal executives and CILEx practitioners, without the need for unnecessary duplication of evidence where it is appropriate to do so,' said Gilberston.

The regulatory is also to submit an application to become a licensing authority for alternative business structures (ABSs), expanding the opportunities available for legal executives and CILEx practitioners and providing a greater regulatory choice for existing law firms and ABSs.

The eight week consultation closes on 29 January 2016. Currently only entities run by legal executives, CILEx practitioners, or other lawyers can be authorised by CILEx Regulation, but not those with non-lawyer owners or managers.

Matthew Rogers is an editorial assistant at Solicitors Journal matthew.rogers@solicitorsjournal.co.uk | @sportslawmatt