The Solicitors Regulation Authority is bringing forward plans to regulate CILEX paralegals and students - a move the solicitors' regulator says will leave consumers less confused.

An SRA consultation last year focused only on regulating CILEX members authorised to carry out reserved legal activities. However, CILEX, which conducted a separate consultation, subsequently asked the SRA to also consider regulating CILEX paralegals and students, who are not authorised to carry out reserved legal activities. Yesterday, the SRA issued a new consultation document on the necessary rule changes to regulate CILEX non-authorised members.

‘It was always our intention to work towards the inclusion of CILEX non-authorised members in SRA regulation over time if redelegation proceeds. We are persuaded by the merits of implementing arrangements for all CILEX members at once if redelegation occurs,’ the SRA says in its latest document.

The paper says regulating authorised and non-authorised members would simplify the regulatory landscape by retaining a single regulator, and make it easier for consumers to understand their regulatory protections and redress. Not covering both ‘would leave two different disciplinary systems for CILEX members for a period until the non-authorised CILEX members were included. This would potentially be confusing for consumers and unhelpful to those members as they progress through the various levels’.

The SRA believes the changes will not affect the solicitors’ profession. ‘Our communications will distinguish between solicitors, authorised CILEX members and non-authorised CILEX members. This is to help make sure the public are aware of differences between them and make informed choices when accessing legal services,’ the consultation paper states.

The SRA insists the two branches of the legal profession will not cross subsidise each other.

‘We recognise concerns that have been raised about this issue as part of the responses to our 2023 consultation. We understand these concerns but are confident that we can ring fence costs and ensure appropriate charging. We are already used to doing this in other aspects of our work, for example, in relation to the compensation fund and interventions,’ the consultation document states.

The Law Society remains opposed to the SRA and CILEX's plan. President Nick Emmerson said: ‘We remain of the view that the regulation of authorised legal executives is best managed under the current bespoke arrangements with CILEx Regulation, which the majority of CILEX members’ support.’

The consultation closes on 15 May.

 

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