What Legal Executives Do
Legal Executives specialise in a particular
area of law which means that the everyday work of a
Legal Executive is similar to that of a solicitor. Depending
upon which area of law they work in, Legal Executives may handle
the legal aspects of a property transfer, be involved in actions in
the High Court or county courts, draft wills, draw up documents to
assist in the formation of a company, or advise husbands and wives
with matrimonial problems or clients accused of serious or petty
crime.
A Legal Executive is normally an employee and
currently cannot be a partner in a firm of solicitors, although it
may be possible to become an associate in a law firm and Fellows
can go on to become advocates. The names and status of
Fellows may appear on the professional notepaper of the solicitors
by whom they are employed.
Alternatively, a Legal Executive may be
self-employed and provide legal services to solicitors and
unregulated legal work to the public business.
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. This is an
important difference between Legal Executives and legal support
staff who tend to handle work of a more routine nature.
Professional responsibilities increase with experience and Fellows
of ILEX become one of the main points of contact for clients
seeking professional advice on legal matters. Legal
Executives may also run specialist departments in a legal firm.
Legal Executives are able to act as
Commissioners for Oaths, and Fellows of three years good standing
may sign cheques drawn on their principals’ client account
(Solicitors’ Accounts Rules 1991). With extended rights of audience in
civil, criminal and family proceedings, those Fellows who train and
qualify as Legal Executive Advocates can represent their clients in
the County court, Family Proceedings Court, Magistrates' Court
including the Youth Court, Coroners Court and in most Tribunals
depending on the area of law in which they practice.
Fellows who are employed in a solicitors firm
are able to advise on compromise agreements. Fellows are licensed
by the BarDirect committee of the Bar Council to instruct
barristers directly without first going through a solicitor.
ILEX is currently
developing a framework for a litigation rights scheme. This will
enable them to issue proceedings in their own name. Fellows are now
eligible for judicial appointments for District Judges in civil and
criminal courts and for Tribunal Chairman.
Legal Executives have the option to become solicitors in one or
two years after becoming Fellows and usually are exempt from
the training contract graduates must complete to qualify as
solicitors. However, new emerging rights, including the right to
become a partner in a firm from 2009, will mean that the role
and standing of Legal Executives and solicitors moves
ever closer.