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Professional Defence Solicitors for Legal Executives
If you are a legal executive and are facing a regulatory investigation or disciplinary hearing, JMW’s professional defence solicitors will defend your case with the utmost dedication and diligence.
Our team of professional regulation solicitors have a great deal of experience in corresponding with regulators including the Chartered Institute of Legal Executives (CILEx) as part of any investigations they are carrying out. We are well placed to offer tailored guidance in response to a broad range of allegations and rulings.
We understand how damaging such investigations can be, and the impact they can have on your career or wellbeing. We will work closely with you every step of the way, providing support to help you achieve the best possible outcome.
How JMW Can Help
Our specialist professional defence lawyers will advise you on your legal rights and responsibilities, with the aim of helping you to make the right choices throughout the legal process.
We have many years of experience in working with legal executives and other regulated lawyers to defend them in disciplinary investigations and hearings. We will work tirelessly to build the best defence for your case. We care a great deal about each of our clients and strive to obtain the desired outcome for the individual.
From the moment your case starts, we will be proactive in our approach and give you the best possible chance of securing your desired outcome. We will use our extensive experience in this type of investigation to build a robust defence against any allegations.
How does the CILEx handle disciplinary proceedings?
The Professional Conduct Panel (PCP), which handles complaints made about legal executives, is made up of two independent lay members and one chartered legal executive. Meetings held by the PCP will be overseen by an independent legal advisor to the panel.
The PCP can:
- Reject a complaint because it decides there is no case to answer if, for example, there is not enough evidence to take further action
- Decide there is a case to answer - if there is evidence to take further action
If the PCP decides to take further action, it can refer a case to the Disciplinary Tribunal. Alternatively, if the person or firm admits wrongdoing, the case can be brought to an end by a decision to:
- Set conditions about future conduct
- Require undertakings
- Reprimand or warn those in question
What happens in a disciplinary tribunal?
A disciplinary tribunal is made up of two independent lay members and one chartered legal executive. Such meetings are formal, with charges brought against the person or firm in question.
In a disciplinary tribunal, the charges are prepared to explain what the individual is alleged to have done, and which parts of the CILEx Code of Conduct are said to have been breached. The charges are supported by witness statements and relevant letters or documents, as well as evidence given in person.
The meeting will begin with the CILEx advocate (the applicant) explaining their case. The person or firm against whom the allegations (the respondent) will state their case by admitting or denying the charges brought against them.
The disciplinary tribunal will then consider the evidence in private and make a decision on the outcome.
If the tribunal decides that the charges have been proven, and the person in question has done wrong, it can order:
- Conditions to be set for the future conduct of a firm, or an individual’s employment
- Reprimand or warn those in question
- Exclude them from membership or authorisation
They may also be ordered to pay a fine of up to £100,000 for CILEx members, or up to £50 million for CILEx practitioners and approved managers, and a percentage of a firm’s turnover or up to £250 million. The Tribunal also has the power to make an order for payment of costs.
In cases where the tribunal withdraws authorisation from a regulated firm, the disciplinary tribunal may ask to enter into a practice management agreement to close or manage the firm.
Talk to Us
For legal advice and guidance on a professional regulation issue related to CILEx, call us on 0800 652 5559. You can also fill in our online enquiry form to request a call back at a time that is convenient for you.