CILEX receives strong support for transfer to SRA regulation
updated on 16 January 2024
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CILEX (The Chartered Institute of Legal Executives) is a step closer to giving the Solicitors Regulation Authority (SRA) power to oversee legal executives, following two consultations that supported this proposed change.
Following the largely positive response, CILEX is set to announce its next steps on 23 January at a board meeting. CILEX states that it’s seeking extra assurances and clarifications from the SRA, including “the cost of regulation and the principle of no cross-subsidy”.
Both CILEX and the SRA carried out their own consultations in the autumn to assess attitudes towards the SRA regulating CILEX. CILEX’s consultation took place between 14 August and 5 November 2023 and received more than 1,200 responses. The results indicated “strong support” for proposed changes with “over 60%” of responses to the proposed regulatory switch being positive. However, the proposed changes have also received criticism from the Law Society and hundreds of CILEX members. The consultation found that seven out of 10 CILEX members believe that changing regulators isn’t a priority. In addition, Nick Emmerson, Law Society president, stated that "the proposals are unsupported by evidence that they will benefit the public”.
The SRA consultation also raised some concerns, as some respondents suggested changes could lead to increased regulatory burden if insufficient resources are available. However, the SRA’s survey, which ran between 31 August and 22 November 2023, had a largely positive response, much like the CILEX consultation. A sample of 1,000 respondents took part in the SRA’s online survey, with the majority in favour of the regulatory switch. The results showed that:
- 86% of respondents think having one regulator covering both legal professionals is better than separate ones; and
- 90% of respondents agree that having one regulator providing information on the two types of lawyers is likely to make it easier to compare the legal services providers.
The survey also found that:
- 80% of respondents had similar standards for legal professionals regardless of whether they’re a solicitor or CILEX lawyer;
- 90% of respondents support having similar protections for clients in the same area of law; and
- 92% of respondents support clarifying what services can and can’t be provided by solicitors and CILEX lawyers.
CILEX Chief Executive Linda Ford explains that: “We are encouraged by the engagement we have had from our members, employer organisations and from across the legal profession, as well as the consumer research we have undertaken. These insights have been extremely useful in ensuring that any changes we make will be in the public interest, improving consumer trust and confidence and supporting the important role CILEX professionals have in the delivery of legal services.”
