Solicitors and legal executives will move closer in status and in the standards expected of them, a Solicitors Regulation Authority document suggests.
CILEX, the representative body for legal executives, announced yesterday it was forging ahead with plans to transfer regulation of its members from CILEx Regulation to the SRA after considering both regulators' responses to CILEX's 'case for change'.
The SRA said in a 10-page submission, published by CILEX, that it would maintain and promote the 'distinct identity' of CILEX lawyers and the CILEX route into the profession. The phrase 'SRA regulating CILEX Lawyers' will be used as a strapline where appropriate in communications, website and branding.
The solicitor profession's regulator also said it would confirm that CILEX lawyers have the same competence as solicitors in areas where they have practising rights.
The authorised CILEX lawyers register could be presented to the public alongside the solicitors register 'in a way that improves consumer understanding and choice with the ability to easily identify and compare those authorised to provide legal services'.
While the CILEX code of conduct will be maintained as a distinct set of requirements for authorised CILEX lawyers, the SRA wants to 'align it' with the standards that apply to solicitors.
'This will simplify regulation and promote consistency in terms of both public protection and public confidence. Authorised CILEX lawyers will have the same authorised status in their specialist areas of law as solicitors and will effectively be regulated to the same standard,' the SRA's submission says.
On investigation and enforcement, the regulator expects to use 'broadly the same processes as we do for complaints about solicitors and firms (triage, assessment, investigation, notice and decision)'.
However, annual reporting and accounting arrangements will deal separately with the regulation of law firms and solicitors, and CILEX lawyers to ensure each branch of the legal profession appropriately funds their regulation.
CILEX's consultation closes on 5 November. The SRA will shortly publish a consultation on changes it has to make to accommodate CILEX members. Any transfer will not take place until April 2024 at the earliest.
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