myCILEx
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myCILEx provides you with information on the work CILEx is doing on behalf of its members.
For the latest branch events in your area, visit: www.cilexbranches.org.uk
Justice First Fellowship
The Justice First Fellowship was established in 2014 by the Legal Education Foundation (LEF) to support the next generation of lawyers committed to public interest and social justice issues, who want to pursue a career in social welfare law. The scheme provides fully funded opportunities for intending lawyers who are committed to public welfare law to take up a twoyear training period with one of the Fellowship’s host organisations.
The aim is for the scheme to be seen as a route to a career in this important area of law, with Fellows going on to become leaders in their field and important advocates for access to justice and the rule of law. So far, the scheme has recruited and placed 31 Fellows.
This year, the LEF is working with CILEx to extend the Justice First Fellowship scheme to offer opportunities for Graduate members of CILEx (GCILEx) to secure/complete placements to allow them to achieve the Qualifying Employment necessary to achieve Chartered Legal Executive status (FCILEx).
In order to move this process forward, LEF is seeking host organisation applications from organisations that meet the requirements to supervise the placement period to achieve the Qualifying Employment necessary to achieve Chartered Legal Executive status. The Justice First Fellowship consists of three parts over two years.
- Pupillage, Training Contract and Qualifying Employment placements for law graduates seeking to pursue careers in social welfare law;
- During their training period, Fellows develop and implement a project that will advance access to justice in some way;
- Fellows are also brought together to receive additional support, training and networking opportunities to gain skills and feel part of a wider movement of people committed to access to justice.
When seeking host organisations, LEF looks for organisations that are:
- committed to, and expert in, different categories of social welfare law;
- innovative, effective and thinking creatively about future sustainability;
- involved, in different ways, in work that is of national significance; and
- can demonstrate a strong training ethos.
LEF also asks for details of the following:
- the funding sources an applicant organisation has and a copy of its latest report and accounts;
- whether it already employs any CILEx Members or paralegals;
- what specialisms it has;
- why LEF should support your organisation in preference to others; and
- how you will incorporate the Fellow’s project requirement into the training period.
If you think that your employer would meet the above criteria, please share this information with them and ask them to contact Matthew Smerdon, e-mail : matthew.smerdon@thelef.org
- For further details visit: https://jff.thelegaleducationfoundation.org
Policy round-up
Simon Garrod, CILEx director of policy and governance, writes about the latest policy projects and initiatives.
We have received a great response from members to our new specialist reference groups, with more than 500 of you registering your interest in one or more of them. As I wrote last month, these groups provide an opportunity to inform CILEx’s thinking and policy development in a wide variety of areas (( 2016) November CILExJ p39).
We have active reference groups for conveyancing, personal injury, regulatory affairs and court users, with other groups planned for the future. You can join at any time, with details available on the CILEx website. Just search ‘CILEx specialist reference groups’.
Elizabeth Truss, the Lord Chancellor and Secretary of State for Justice, in her autumn party conference speech, placed significant emphasis on improving the diversity and social mobility of the legal profession. We subsequently provided the Ministry of Justice with evidence of the genuinely accessible and affordable route we offer, which has resulted in such a diverse membership.
Despite this though, progression and advancement is not always based on merit. CILEx lawyers still encounter barriers to fulfilling their full potential, including the ability to seek senior judicial appointments. We want to work with the Lord Chancellor and her team to remove the barriers that hold back Chartered Legal Executives, and to help create a culture in the legal sector where your only limit is your ambition.
Consultations
CILEx has been actively working on a host of consultations in recent months, including on court reform, the Legal Services Board’s diversity guidelines, the Solicitors Regulation Authority’s review of the solicitors’ code of conduct and solicitors’ account rules, and the Tailored reviews of the Legal Services Board and Office of Legal Complaints.
We have also continued to engage with the Competition and Markets Authority in relation to its legal services market study, having now responded to both the study’s original statement of scope and the interim report published in the summer.
CILEx has also been working as part of a joint working group, with the Law Society and the Bar Council, investigating the viability of a possible contingent legal aid fund (CLAF) as a means of providing a viable and worthwhile option to complement existing forms of litigation funding with the objective of delivering justice at lower cost and/or in ways not currently provided for by other means of litigation funding.
Over the last few months, the Joint Group has found that, initially, there appeared to be confusion as to what was meant by the term CLAF, so it clarified the definition of a CLAF as: ‘a self-sustaining pooled fund to cover the legal costs of a claimant’s civil money claim, where (i) in cases that win, the claimant’s legal costs are recovered from a losing party and a portion of the money recovered is paid into the fund and (ii) in cases that lose, the claimant’s appropriate legal costs are reimbursed by the fund’.
The Joint Group’s initial conclusions have been as follows:
- To be self-sustaining, a CLAF either needs substantial initial seed funding (of at least £3–5 m, depending on the nature of any administrative set-up ) or to start with a relatively small pool of cases, selected on the basis of a rigorous merits test, in relation to claims of sufficient value and prospects of success.
- Therefore, low-value cases or cases less likely to succeed would not be eligible for the CLAF, at least from the outset.
- Without either large donations or government funding, the CLAF would need to generate consistent surpluses to build up a long-term fund.
- In order to succeed, it would need to be seen as a useful and/or attractive form of funding to lawyers as well as to those seeking access to justice, and this may, for example, take the form of providing early payment of a proportion of normal fees with the balance of normal or slightly discounted fees being available on success, perhaps with a small uplift for success.
- Although a not for profit CLAF will have lower costs because of the absence of a need to provide a return for investors, to compete effectively and deliver access to justice at lower cost, it would benefit substantially from assistance by way of rule changes (such as an extension of Qualified One-Way Costs Shifting (QOCS) and/ or concessionary or conditional court fees) on the assumption that it will continue to compete freely with other forms of litigation funding without there being any restraint on the current availability of litigation funding.
From the Joint Group’s research, it has become clear that although there was much support for some form of CLAF, it was not obvious whether it would attract real support, particularly given some of the related constraints identified. Therefore, the Joint Group will be circulating a questionnaire to members of all three representative bodies, inviting individual views on to its nature, funding and constraints.
We would like to hear from you to help us make this assessment and consider some of a CLAF’s possible practical features. Take our short survey at: https:// www.surveymonkey.co.uk/r/ BB8XZH7. The Joint Group’s final report will be published early in the New Year.
CILEx, as always, needs input from members to ensure that we are representing your views accurately, so please do take the time to sign up to one of our specialist reference groups.
CILEx is currently reviewing its governance structure. This is to benchmark itself against good corporate governance practice, both within the legal sector and against other chartered public interest bodies, to ensure that CILEx structures and processes remain fit for purpose. The work is being informed by external experts, and a final report will be considered by Council by the end of the year, with an action plan following thereafter. We plan to consult members in relation to any proposed changes as they affect our Charter and bye-laws in 2017. Further progress updates will follow in future editions of the Journal.
Education secretary Justine Greening has announced the Technical and Further Education Bill, which will set out the new powers of the Institute for Apprenticeships and Technical Education. We are working with the Department for Education on the delivery of its Post-16 Skills Plan, and we will be monitoring the progress of the bill.
The Ministry of Justice has delayed its plans to raise the small-claims limit and remove general damages from some road traffic accident claims. While the reprieve is welcome, we will maintain our pressure on the government that no action should be taken which may impede access to justice and the right to reparations.
As we go to press, we have not seen the details of the government’s November spending review. Last year saw commitments to personal injury and legal services regulation reform, some of which has come through but much has not. Keep an eye out for the next edition of the CILEx Journal for any updates.
In my not so humble opinion…
This column features the reflections of an anonymous Chartered Legal Executive working in a large, busy practice.
To love the job you do is a wonderful thing, but now and then it is important to remember what your job is all about. ‘We work to live, we don't live to work’, so do remember to live!
Think about the things that make you happy, ie, the things that help to distract your mind away from work. Take time out. This doesn't make you weak, this makes you strong. To succeed in life and to succeed at work is more than achievable; however, you must find a balance. If you don't, there is no doubt that one of the two areas will suffer.
For me, if I do work through my lunch break, I find that I hit a wall midafternoon. With the best will in the world, I struggle to be as productive as I would have been had I taken that lunch break, even if my break was only 30 minutes: it makes all the difference. I then feel cheated and annoyed with myself. What was the point?
These days, at the very least I will step out of the office and just go for a brief walk, even just around the block. It makes all the difference: fresh air plus stepping away from my screen equals batteries recharged.
Don't carry holiday over to the next year: plan ahead. Taking holidays is really important. Don't burn out! Holidays are what the graft is all about. Something I have learnt is that it's important to plan ahead. If you don't, the year slips by and all of a sudden you have lots of holiday and no time to take it.
I have just booked two weeks off in June 2017. This is particularly exciting as I have not had two weeks off in years! But anyway back to the point I'm making, those two weeks will happen because (1) I have planned my holiday well in advance; (2) I will be addressing my workload in the lead up to my holiday; and (3) it's booked! It is just lovely to have plans to look forward to.
Take time to look after you! Eat better, take a walk, do some yoga, lose yourself in a book or whatever your thing is: you get the gist. Just make sure you take time for you. Life is not a rehearsal, enjoy it! And you might just find that you still achieve the goals you set out to achieve, but in the happiest kind of way, ie, not in a crash-and-burn way because you are simply too tired.
How do you look after yourself? What would you recommend to your CILEx peers to strike a healthier work/life balance? We are all in this together. Nobody is perfect! So, share your thoughts and let us help each other. CILEx power!!!!
WORK-BASED LEARNING SCHEME
Following a review of the scheme requirements, CILEx Regulation has announced a reduction in the number of examples required to meet the Work-based Learning outcomes. Those outcomes that previously needed to be met three times now have to be met twice. Members are urged to review the guidance on the CILEx Regulation website for further information. (www.cilexregulation.org.uk)
FAQ
Q: The Work-based Learning requirements have changed, I have already submitted my portfolio and been asked for more evidence to demonstrate that I meet the outcomes, do I still need to provide it?
A: It will depend on the number of additional outcomes you have been asked to provide evidence for. The new requirements mean that those outcomes which had to be met three times, now only need to be met twice.
If you have already had two examples accepted as meeting the outcome, and you had been asked only for a third, then you will not need to submit this. However, you will need to write to CILEx Regulation informing staff that you do not need to provide further information as a result of the changes, and requesting that they complete a final review of your portfolio. See also page 4 and pages 16 and 17 of this issue.
- If you are in this or any other situation and you would like to talk about your next steps, please get in touch with the membership contact centre, tel: 01234 845777, e-mail : membership@cilex.org.uk or use #CILExHelp
Further trustee sought by Benevolent Fund
Simon Wells, lay trustee and vice-chairperson of CILEx Benevolent Fund, writes:
You may remember from previous issues of CILEx Journal that we have been recruiting a new trustee to join CILEx Benevolent Fund. We are pleased to report that this process is nearing completion. In addition to this position, a further opportunity has now arisen: we would also like to appoint a further trustee, before the end of the year, in order to broaden the skills and experience we have available and bring the total number of trustees to six.
Ideally, we would like to hear from someone who is a current, working CILEx member. S/he must be able to give up a few hours every month to work with the board of trustees in assessing applications for support, and also take part in regular face-to-face meetings, which usually occur around once a quarter in Central London. The role is unpaid, but you will be able to have a strong say in the future of the charity and the support that it provides to CILEx members. For further details, please contact: info@cilex.org.uk
If you have any questions about the CILEx Benevolent Fund, e-mail : benevolentfund@cilex.org.uk
Walking in the shoes of a judge - Part 2
In the second article of a two-part series, Craig Tickner FCILEx, partner at a firm of criminal defence solicitors, and a CILEx Criminal Advocate and CILEx Council Member, and Louise Turner
FCILEx, CILEx’s membership manager, find out what it is like to walk in the shoes of a judge.* This article is written by Louise Turner. In late September, I joined our Council member Craig Tickner in shadowing HHJ Mark Horton, a circuit judge at Bristol Crown Court. The purpose of this exercise was to enable us and, therefore, CILEx to better understand what information and support our members might need to help them through the process of applying for judicial appointment.
As qualified criminal defence advocates, Craig and I entered the judicial shadowing process with the impression that we would be in for a relatively easy week. We know the legal system, so how different could it be to think like a judge as opposed to a defence advocate?
By the time I joined the process, Craig had already been met with a number of conundrums: from a juror not wishing to have her bag searched to an intoxicated witness. It became apparent that this process was not about knowledge of the law, but about common sense and thinking through the scenarios, and arriving at outcomes that would enable the proceedings to follow a fair legal process.
I joined the exercise halfway through a real-life trial which came with all the pitfalls of defendants failing to appear at court through to illness and the inevitable delays associated with court proceedings in general. The adjournments, however, provided time in which we could take part in other aspects of HHJ Horton’s judicial awareness course.
- An abridged version of Craig Tickner’s report appeared in (2016) November CILExJ p40.
FCILEx wins MK heat of national award
Clare Kitteridge FCILEx has won the Milton Keynes Women Leaders Award, in the Professional Services category, for her work as a family lawyer, mediator and director at Kingsley David Solicitors in Woburn Sands, Milton Keynes. Clare was presented the award at a gala dinner in October.
The aim of the event was to enable women living or working within the Milton Keynes postcode area to experience the same empowerment and recognition achieved by the winners of the national Confederation of British Industry's (CBI’s ) First Women Awards.
Having been shortlisted, with five others, as a finalist in the Professional Services category, Clare had to attend an interview with the panel of judges. The judges commented that: ‘[ They] saw in Clare her great energy driving her to achieve, not only for herself but for her clients, ensuring through her positive approach that they receive the professional help they need.’
As a winner of the Milton Keynes heat, Clare will have an opportunity to be nominated for the 2017 national CBI First Women Awards.
Strategies to consider adopting in your studies
In this new column, Katy Ferris, a yearone law lecturer at Huddersfield University, will provide practical study and revision hints, tips and strategies:
Students can learn too much on a topic and lose marks by spending too much time on one answer. The only way to prepare for this is to have a dummy run. If you have the opportunity to complete a formative piece of work or practice exam, then always take it. Better to learn from your mistakes ahead of the real exam!
Example: Tutors will usually make past papers available: select those that (if you have been told) fit the topics you have revised, and then put yourself under the same exam conditions you will face and check that you (a) have enough material to answer them, and (b) are able to commit everything to paper in the time allotted.
Practice will help you to develop your time-keeping skills for exams, and overcome any poor time management issues down to lack of familiarity with the paper format and nerves in the exam setting.
Somerset Branch takes educational trip to the UKSC
Rachel Oaten, on behalf of Somerset CILEX Branch, writes:
On 14 October 2016, members of Somerset CILEx Branch visited the Supreme Court in London, as one of their occasional educational visits, and enjoyed the official tour which gave access to some parts not normally open to the public such as the glorious (and well-stocked ) library.
The tour guide explained the previous history of the building, which was built in 1913 in an art deco gothic style and was the old Middlesex Guildhall, home of Middlesex County Council and Quarter Sessions courts. During the Second World War, the building was used for foreign military courts and, in the 1980s, with the loss of Middlesex as a county, it became a Crown Court centre with seven busy courts. Considerable work was needed to transform the building from a criminal court centre into a place that was functional and welcoming for the work that the Supreme Court would be doing. It was clear that the architect had managed to retain some key features while incorporating a modern slant to some elements, in particular, some striking legal maxims set in decorative glass and wooden panels.
The guide explained that the Supreme Court had come into being under Constitutional Reform Act 2005 Part 3 to address concerns about the need for a greater separation of powers between the legislative and judicial parts of the House of Lords.
The Supreme Court started work on 1 October 2009, and is the court of last resort and the highest appellate court in all matters under the law in England, Wales and Northern Ireland, and under the civil law in Scotland. The High Court of Justiciary remains the court of last resort for criminal law in Scotland.
The Supreme Court also has jurisdiction to resolve disputes relating to devolution in the UK and concerning the legal powers of the devolved governments in Scotland, in Wales and in Northern Ireland, or laws made by the devolved legislatures. The guide outlined the procedures used to bring these cases before the court and how the justices were appointed, and outlined some famous cases to help illustrate the points being made.
The tour also covered the work of the Judicial Committee of the Privy Council, which is also housed in the building and deals with appeals from many Commonwealth countries as well as the UK’s overseas territories, Crown dependencies and military sovereign base areas. It also hears occasional appeals from a number of ancient and ecclesiastical courts. When sitting, the Privy Council becomes a court of that country, etc rather than a UK court.
The tour was fascinating from a legal - and an architectural and artistic - perspective, and was thoroughly enjoyed by all the branch members who attended.
The citation for this Journal is (2016) December CILExJ. © CILEx 2016 ISSN 2050-0580. The 2017 subscription rate for the CILEx Journal for non-members of the Chartered Institute is £90 per annum UK; from £135 overseas. Single copies £7.50 including postage.
The CILEx Journal adopts an independent and inquiring approach towards the law and the legal profession. It is published for the benefit of members of The Chartered Institute of Legal Executives and therefore aims to keep them properly informed of developments in the law and legal practice. As part of this objective, CILEx Journal will act as an authoritative source of information on Chartered Institute activities and policies. From time to time CILEx Journal could cover controversial issues. The editor shall have the final decision on matters of editorial policy or content but always strive to preserve and to enhance the good name of the Chartered Institute and its members. The views expressed should be taken as those of the author only unless it is specifically indicated that the Chartered Institute or CILEx Journal has given its endorsement. Neither CILEx Journal nor The Chartered Institute of Legal Executives accept liability to any party for any error, omission or misstatement by any contributor in any material published herein.