Regulation of Legal Executives Model Answer

• All legal executives are members of CILEx and this representative body provides education, training and development of skills for legal executives as well as promoting professional standards and publishing a Code of Conduct.
• The regulatory body is the CILEX Regulation Board which investigates complaints about legal executives. Matters are put to the Professional Conduct Panel who decide if there is professional misconduct and if so, reprimand or issue a warning to a member. Serious cases are referred to the Disciplinary Tribunal who have further powers to; exclude a member from membership; reprimand or warn members; order the payment of fines of costs.
• As with solicitors and barristers, complaints about decisions of the regulatory bodies, including the CILEx Regulation Board, can go to the Legal Ombudsman. This is done via the investigation of the Office for Legal Complaints set up under the Legal Services Act 2007. The Legal Ombudsman has a range of powers and can order the legal professionals to apologise to clients; return documents; correct problems; refund/reduce legal fees and pay compensation up to £30,000. Main complaints include excessive costs, delay, failure to follow instructions and failure to keep the client informed.
• Like Solicitors and Barristers, Legal Executives Barristers can also be sued if the advice which they give to their client is found to be negligent as seen in Saif Ali v Sidny Mitchell & Co, or if their advocacy is deemed to be negligent as seen in Hall v Simon.