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‘Paralegal’ |
Junior to solicitors and supervised by them at work, can become fully-fledged solicitor by following ILEX training route and passing the necessary exams. Entry qualification 5 GCSE’s
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Pearless De Rougemont v Pilbrow (1999) CA |
Legal
executives are junior to solicitors.
This point illustrated in this Court
of Appeal case.
Rule 15 Law Society Practice Rules requires that a client is told the status of
the person doing work for him. |
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Administration of Justice Act 1985 and the Courts and Legal Services Act
1990 |
Put licensed conveyancers and legal executives on a statutory footing.
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Legal Executives |
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Institute of Legal Executives
(ILEX)
is recognised as the third branch of the legal profession |
ILEX
(Institute of Legal Executives) is the professional body that represents Legal
Executives and trainee Legal Executives, it has over 22,000 members.
It was
established in 1963 with the support of the Law Society.
Legal
Executives are professional lawyers, who have qualified by studying and working
at the same time.
They
have their own recognised status and role within the legal profession, working
in law firms, government departments and private companies. Their day to day
work is similar to that of a solicitor, although the training and qualifications
are different.
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What
is a Legal Executive? |
Legal
Executives are qualified lawyers specialising in a particular area of law.
They
have passed the ILEX Professional Qualification in Law in an area of legal
practice to the same level as that required of solicitors, and have had at least
five years' experience of working under the supervision of a solicitor in legal
practice or in the legal department of a private company or local/ national
government.
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What
do Legal Executives do? |
Specialising in a particular area of law, their day-to-day work is similar to
that of solicitors. Legal Executives are fee earners - in private practice their
work is charged directly to clients - making a direct contribution to the income
of a law firm. They:
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handle legal aspects of a property transfer
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assist in the formation of a company
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are
involved in actions in the High Court or county courts
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draft
wills
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advise clients accused of serious or petty crime, or families with matrimonial
problems
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advise on many other matters affecting people in their domestic and business
affairs.
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ILEX
grants rights of audience
Current Rights of Audience |
ILEX
became an "authorised body" for the purpose of granting rights of audience to
legal executives in
April 1998. It grants limited rights of audience in the lower courts but cannot grant full rights of audience to its members.
There
are now 25 Legal Executive Advocates who can undertake advocacy in civil and
family proceedings in open court in county and magistrates' courts.
Any
matter in which the liberty of the subject might be at issue is excluded, and
the rights in county courts are limited to matters within the jurisdiction of a
District Judge.
There
are also rights to appear before most tribunals and the option to obtain a
further certificate for Coroners' Court proceedings.
These
rights are additional to existing rights to appear in Chambers in county courts
and the High Court.
An
application to extend rights of audience in three areas (Civil, Family and
Criminal Proceedings) is being considered by the Secretary of State.
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From
the end of 2006 ILEX rights of audience will be extended |
The Lord
Chancellor has granted extended rights of audience to legal executives. Members
of The Institute of Legal Executives (ILEX) will be able to appear in criminal
proceedings in the magistrates and youth courts, and on bail applications in the
crown court.
Further
enhanced are their rights in family and civil proceedings.
Information about ILEX rights of audience
here.
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Membership and Diversity |
ILEX
has a membership of approximately 29,000, of whom 6,752 are Fellows.
Just under 68 per cent of ILEX Fellows are women and at least 2.5 per cent come
from a minority ethnic background (71 per cent of Fellows are recorded as white
and 26 per cent did not record their ethnicity). No data is currently kept on
disability. |
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Patent and Trade Mark Attorneys |
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What
is a Patent Attorney? |
Most
patent applications in the UK are submitted by Patent Attorneys on behalf of
clients.
A
Patent Attorney files applications to register a trade mark at the Trade Marks
Registry and applications to register designs at the Designs Registry (both of
which are part of the Patent Office).
The
Chartered Institute of Patent Agents (CIPA) is the professional body
representing Patent Attorneys in the UK.
The
institute was founded in 1882 and was incorporated by Royal Charter in 1891. It
represents almost all the 1,500 registered patent attorneys in the UK.
Total
membership is over 3,000 and includes trainee patent attorneys and other
professionals with an interest in intellectual property matters. |
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What
is a Trade Mark Attorney? |
A Trade
Mark Attorney gives specialised legal advice and assistance on the selection,
registration, protection and exploitation of trademarks and brands as well as
designs.
The
Institute of Trade Mark Attorneys (ITMA), established in 1934, is the
professional body for trade mark attorneys in the United Kingdom.
ITMA
represents national and international clients in registered trade mark and
registered design matters before the UK Patent Office and before the Office for
Harmonisation in the Internal Market.
It also
administers the Register of Trade Mark Agents. The institute has recently been
designated as an authorised body under the Courts and Legal Services Act
1990.
It is
common for Members of CIPA and ITMA to be dual-qualified as members of both
bodies.
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Rights of Audience |
CIPA:
CIPA members have full rights of audience to appear in the Patents Court
(Chancery Division of the High Court) on appeals from the Patent Office, and can
conduct litigation and act as advocates in the Patents County Court.
CIPA
members can also acquire an additional qualification (Litigator's Certificate)
entitling them to conduct all forms of intellectual property litigation in all
the various courts (including the Patents Court, Court of Appeal and House of
Lords).
ITMA:
Since 1 April 2005, duly certified ITMA members have litigation and full
audience rights in county courts in Trade Mark and Design litigation, and
litigation rights together with limited audience rights in the High Court in
such cases.
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Membership and Diversity |
CIPA
(Register of Patent Agents)
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1,153
Patents Agents have been on the register for more than five years, of whom 190
(17 per cent) are women. The figure for 10 years' service is 912, of whom 124
(14 per cent) are women. No figures are currently kept on ethnicity or
disability.
ITMA
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Licensed Conveyancers |
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Council for Licensed Conveyancers
Web site here |
Regulates those employed solely to convey (transfer) legal title to property. (do the legal side of house buying and selling).
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Administration of Justice Act 1985 |
Took away the monopoly of professional conveyancing services from solicitors and gave the customer a choice to use a Licensed Conveyancer.
Protection for client the same as if
a solicitor was used.
Have to be professionally qualified, that is pass the necessary exams
Carry Professional Indemnity Insurance. |
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Licensed Probate providers |
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Since December 2004 probate can be carried out by non-solicitors |
Providers can offer probate services for a fee. Previously, only a solicitor,
barrister or duly certified notary public could charge for providing probate
services.
The provider must be a member of a body that have been approved by the
Secretary of State for Constitutional Affairs will be able to offer
these services to the public.
The Legal Services Ombudsman will
have an oversight role for bodies authorised by the Secretary of State to offer
probate services and members of the public will be able to take a complaint to
the Ombudsman after going through the complaints procedures established by the
Department for Constitutional Affairs. Effective by s55 of the Courts
and Legal Services Act 1990.
Probate is: When a person dies their estate (money, property
and possessions) has to be deal with by collecting in all monies, paying any
debts and distributing what is left to those people legally entitled to it. In
order for a person (or persons) to get the required authority to do this, they
usually need to obtain a legal document called a Grant of Representation (either
a Grant of Probate or a Grant of Letters of Administration) from the Probate
Registry. While most probate transactions are carried out by solicitors, it is
possible for a person to carry this out on their own behalf. They are not
allowed to do the work for payment.
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