myCILEx

Welcome to myCILEx

CILEx’s exclusive members area

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

President's review

Martin Callan, CILEx President, writes about his October events diary:

Four months into my presidential year and - as I expected - attending branch events to meet members is one of the most gratifying aspects of my role. Seeing - first-hand - your commitment and dedication has strengthened my resolve to take the Chartered Institute forward. With this aim in mind, the CILEx Regional Roadshows continue until the end of November. I urge you to attend one of these get-togethers so that the members of our Executive and I can explain current CILEx initiatives and projects, share our future plans and have the pleasure of meeting as many of you as we can.

My diary for October was especially full. The month began with the CILEx Graduation and Admissions ceremonies. We achieved the highest number of graduates in our 53-year history. As a result – and for the first time ever – we had to hold three consecutive presentation ceremonies in order to mark their achievement (see pages 8 and 9 of this issue).

Not only did I have the honour of presenting the graduation scrolls, I had the chance to pay tribute to all our 275 Graduates, Fellows and Advocates and pass on some heartfelt advice that I received at the beginning of my career as a Chartered Legal Executive lawyer: ‘work hard, be adaptable, stay ahead of the curve, and aim high’. The day’s packed schedule included the presentation of this year’s CILEx Awards to honour excellence in study, practice and practical training in five significant categories (see pages 10 and 11 of this issue). The CILEx President’s Award 2016 went to Muhammed Abdul Muid Khan, a Chartered Legal Executive lawyer and a barrister. This award, which is sponsored by CILEx, recognises an individual who has given outstanding service to the Chartered Institute and the legal community, and who represents CILEx values and ethos.

Next, I went to one of the most celebrated days in the legal calendar of England and Wales - the Opening of the Legal Year. CILEx Group was also represented by Linda Ford, CILEx chief operating officer, and Sam Younger CBE, chair of CILEx Regulation. As a respected and established branch of the legal profession, CILEx was invited to attend this ceremonial occasion.

I was delighted to be the speaker at the pre-dinner reception of the Legal Wales Conference. The delegation from CILEx Executive and Council met with members of the Welsh Government, the National Assembly and several local ambassadors. This important meeting gave us the opportunity to highlight CILEx’s position and viewpoints on current issues and share our future plans for the Chartered Institute.

• For a full list of my events calendar for October, see box.

• CILEx's Executive and Council would like to share the video of the SGM that took place at Jury's Inn in Milton Keynes on Friday 30 September 2016. Please view the video at: www.cilex.org.uk or log into myCILEx.

Policy round-up: It’s just got easier to make a difference

Simon Garrod, CILEx director of policy and governance, writes on new opportunities for CILEx members to have their say.

CILEx members are unique. In a legal market that demands increasing specialism, you are trained and authorised as specialists from the outset. You also know your job better than anyone, in no small part because the majority of you qualified through on-the-job learning.

We regularly encounter members who are valued as a fount of knowledge and specialism in their organisations - whether running departments, leading large-scale projects, or managing day-to-day processes and systems - all of you are at the coalface grappling with a fast-changing landscape. Harnessing that knowledge and expertise is critical to CILEx’s effectiveness as your professional body, but challenging when the opportunities and capacity to contribute are understandably limited.

So, we want to make it easier for you

CILEx has launched a series of virtual specialist reference groups for members, covering particular special interests or practice areas, to assist us in representing our members’ interests.

CILEx members of all grades are invited to join those reference groups which are applicable to their profile or areas of specialism. But rather than sitting on a bureaucratic committee that eats up your spare time, these reference groups are entirely voluntary and virtual; you will only be contacted when your views are needed.

Typically, members will be asked to contribute via e-mail or online surveys on specific matters, which will help develop CILEx’s policy or knowledge base and give us a greater understanding of the needs of our members. This may be when we have a government consultation to respond to, or we are developing a new position or service.

We are launching reference groups in phases, starting with our groups for practice specialisms in Conveyancing, Court Users, and Personal Injury, as well as a group to focus on Regulatory Affairs. With changes expected to property law and the small claims limit, and with plans to increase regulatory independence and modernise the courts there are plenty of upcoming issues we need your views on.

You can find details of the active reference groups below, along with how to join.

• Conveyancing E-mail: conveyancing@cilex.org.uk, with the subject line ‘Conveyancing Reference Group’;
• Court Users E-mail: corporateaffairs@cilex.org.uk, with the subject line ‘Court Users Reference Group’;
• Personal Injury E-mail: corporateaffairs@cilex.org.uk, with the subject line ‘Personal Injury Reference Group’; and
• Regulatory Affairs E-mail: corporateaffairs@cilex.org.uk, with the subject line ‘Regulatory Affairs Reference Group’.

Don’t worry if you don’t see a group for you just yet: future groups will be introduced on a phased basis, and further information will be posted on the CILEx website.* Over time, CILEx wishes to have specific reference groups covering all the main areas of practice and specialism. In our next phase, we hope to launch reference groups for specific member groups, including Black, Asian and Minority Ethnic, Lesbian, Gay, Bisexual, and Transgender, Disability and Employers. Keep an eye out for details.

CILEx has some 20,000 members at all levels of experience and expertise – and these new reference groups are an opportunity for you to influence CILEx’s policy and campaigning work. I hope you will take the opportunity to join the groups that are relevant to you, and offer us your expertise and experience.

• Visit: www.cilex.org.uk/membership/specialist_reference_groups

The Institute of Legal Executives: 50 years young

Roz Curnow, CEO of the Institute of Legal Executives (Victoria), in Australia writes:

The Institute of Legal Executives (Victoria) sends greetings to all members of CILEx, and is delighted to announce the 50th anniversary of its incorporation on 1 August 1966.

We are proud to be a continuing member of the network of Institutes of Legal Executives, supporting those working in the legal profession, and related professions, across the globe, and to carry on the traditions established by our founding members, some of whom were members of ILEX (as it was then), including Charles Dickeson, who remains a Fellow (honorary life member).

Notwithstanding that we are primarily based in Victoria, we have representatives in all of the Australian states and the Institute of Legal Executives (Australia) Limited was incorporated, in 1994, to preserve the status and integrity of the Institutes across Australia, and against the day when there are greater numbers of members located outside Victoria.

While we have not travelled the same path as CILEx, in terms of your higher educational requirements and the rights you have gained as a consequence, our Fellows are well respected and enjoy certain legislative privileges and responsibilities in Victoria. We, of course, continue to seek greater recognition of members across the broader Australian legal profession, remain involved in many aspects of legal education, and contribute to the community in ways in which we are able.

Although the geographical distance between us is great, we feel very close to you at this time.

 

CPD FAQ

Q: I forgot to log my 2015/2016 CPD online. What can I do to log my outstanding CPD?

A: As your online access to the 2015/2016 CPD online log has now closed, you will need to e-mail the details of any outstanding CPD activities to CPD@cilexregulation.org.uk for it to be logged in the office. Due to the large volume of e-mails received at the end of the CPD year, please allow 15 working days for a response to your submission.

Walking in the shoes of a judge - Part 1

In the first article of a two-part series, Craig Tickner FCILEx, partner at a firm of criminal defence solicitors, CILEx Criminal Advocate and CILEx Council Member (pictured), and Louise Turner FCILEx, CILEx’s membership manager, find out what it is like to 'walk in the shoes of a judge'. This is an abridged version of Craig Tickner’s report. Part two of the series, written by Louise Turner, will appear in (2016) December CILExJ.

When I was asked to spend a week with a judge as part of a Judicial Appointments Commission pilot scheme to increase interest in applications to the judiciary from appropriately qualified FCILEx through shadowing, I must admit that my initial impression was that it would feel a bit like a busman’s holiday. Equally, however, I am well aware that I do not know it all and, like so many others in my position, find the prospect of even applying to become a judge rather intimidating. ‘Am I anywhere near good enough?’ is the million-dollar question. And can this scheme help in installing confidence to make you consider applying in future? The answer is a resounding, ‘yes’!

So, how does it work?

My week was to be spent with His Honour Judge Mark Horton, who is a circuit judge at the Crown Court sitting at Bristol. I found myself sitting on the top tier with the judge, who was presiding over a trial involving people trafficking from the Czech Republic. It was the second week of the trial, but the case was easy to pick up. It was, however, a very different experience to that which I am used to as an advocate: my perspective was consequently neutral. This is probably a good place to start if you are to be a judge. Back in chambers, it soon became apparent that there were going to be  some exercises, but that these were not a test of knowledge but rather a test of judgment.

So, how do you learn to think like a judge?

The judge told me that I needed to apply two important principles as they would be called on in a number of scenarios which would be presented to me over the course of the following week. The first was not to judge someone until you have figuratively walked in their shoes. The second was to ensure that the proceedings are fair to all parties and that a fair verdict is achieved.

I was shown the video that is played to jurors when they initially present for jury service. What has this got to do with learning the qualities required to sit as a judge? Well, the more a judge can appreciate the positions of all those involved in the trial process, the more they can better manage the whole case to achieve fairness in proceedings and that crucial fair verdict.

And so it was that I was presented with a series of the common problematic features that crop up at court, where a number of competing interests and representations were raised to see how I would deal with them if I was the judge. I soon learnt that none of the scenarios were set with a view to simply arriving at a right or wrong answer. The whole process is designed to see what decision you reach and, more importantly, how you reach it.

I would never have guessed just how narrow my thought processes were before embarking on this course. You have to unbuckle your entire thought process and widen the possibilities of why a particular matter might have occurred; how it might affect the course and fairness of proceedings; whether certain matters are brought to the attention of other interested parties and, if so, when that should be done; and deciding on a solution to ensure that a fair verdict is achieved.

The trial exercise

By day four, I had been joined by Louise Turner. We were shown a film of a short trial, based on a real case, where we watched the complainant, and then the defendant giving evidence. Both were examined in chief, and then cross examined. The defendant had been charged with robbery. She had a previous conviction for a similar offence. HHJ Horton gave closing speeches for the prosecution, and then for the defence. Louise and I were to be the jury. Could we be sure of the defendant’s guilt? We were being asked to consider our approach to the case as a whole. We were challenged on our perceptions of the appearance and attitudes of the two witnesses, and whether that would or even should influence our decision.

As it happened, Louise and I did not agree on the verdict, but that did not matter. It was how we approached our deliberation that was important. Did we consider all available information from what we had been told and what we had observed?

Sentencing exercises

There followed a series of sentencing exercises where you initially played the part of a probation officer and had to select five questions from a set list in order to try and find out about the defendant and their offending behaviour. From the answers given, you had to select a number of sentencing proposals in order to achieve, whenever possible, both punitive and rehabilitative elements. Again, there was no right or wrong answer. You just had to express how and why you reached the view that you did.

Looking back on the whole experience

As for me, well, I have a few years left in me as a partner at my firm, but I now have one eye looking at potential judicial appointments. And I know that HHJ Horton, who is a staunch supporter of CILEx, will have me back at any time to refresh my thinking skills should I ever ask.
With special thanks to HHJ Mark Horton for opening our minds.
The entire report is available at: http://tinyurl.com/jfulgbb

Speaking up for access to justice at the Lib Dem party conference

Joyce Arram, an honorary vice-president of CILEx, delivered the following speech - in her capacity as deputy president of the Liberal Democrat Lawyers Association - at this year’s Liberal Democrat autumn conference in Brighton in support of her motion on restoring access to justice:

I volunteer at the High Court with the Personal Support Unit (PSU), a charity helping litigants in person. We are currently based in over 20-odd courts throughout the country. The majority of my colleagues are, like me, retired or semi-retired lawyers; others are from other professions or none. We give moral, emotional and practical support to litigants, but we do not give legal advice. The charity does not have insurance cover to allow us to do this.

Last financial year, the PSU helped nearly 41,000 litigants. In the financial year beginning April up to [September], we had already helped 24,146 litigants; so you can see that we will, in all probability, exceed last year’s figure.

The major areas of law cover housing, bankruptcy, money claims and family. Many times I and my colleagues have said of a ‘client’: ‘If only they had had legal advice, so much time aggro, emotion and distress could have been saved.’ The litigant will have gone online for their guidance, but possibly not understood the relevant statutes or the importance of also referring to case-law.

The legal aid green form which enabled clients to have initial advice on their matters was one of the early casualties of legal aid cutbacks about 15 years ago. When I last acted with clients on the green form scheme some 30 to 40 years ago, it cost then a total of about £150 to £200 maximum a client. Translate that into today’s values, and it would be about £300 to £400 a client.

Taking the PSU’s figures as an average, we are talking of an expenditure for the Ministry of Justice budget of thousands, not millions, of pounds, but the cost of court time saved by these litigants having this initial advice could equate to millions, and result in a saving of both time and public money, and speed up the process of cases in the courts and would also save the litigants much emotional distress. This would amount to true access to justice for many.

We go into the legal profession to help people. We lawyers are frustrated that we cannot do this because of the current cost of going to law. This revival of the green form could help so many people, some of whom could be any of you … so please support this amendment.

And to Liz Truss, the minister, please listen to the people whom your department’s cuts affect!

The motion, with the amendment for revival of the ‘green form’ legal aid scheme incorporated, was passed unanimously and now forms part of Liberal Democrat policy.

Strategies to consider adopting in your studies

Strategy 4: What the assessor is looking for and how to make sure you give it to them.

In this new column, Katy Ferris, a year-one law lecturer at Huddersfield University, will provide practical study and revision hints, tips and strategies.

There are generic characteristics which will be tested in most learning outcomes that your tutors set. You should pay close attention to what learning outcomes are being addressed in the assessment.

Example: You will need to adopt different styles for problem-based (scenario) questions (where a situation is outlined and you are asked to advise the parties about their legal position) and essay-type questions which require an analysis of a legal position or statement. The following are useful guides for the collection of appropriate materials and their presentation.

Use of legal materials: Statutes and case-law are widely available, and are identified in this text with commentary provided. Having identified the area of law being questioned, ensure that you use the appropriate materials to assist you in providing a full and complete response.

Your assessor will be looking for relevant references to statutes and case-law (where appropriate) in your answer, but also for the use of these materials, such as citing case-law, to ‘ground’ the legal point you are making. Remember - laws do not just appear. They are derived from case-law , statutes, customs or treaties, and so on. So, when a point of law is made (such as where a worker will be defined as an employee or an independent contractor) cite the law that proves your assertion.

The quality of research materials: It is always good practice to demonstrate that you have found the appropriate case-law and statutory materials, and include these in a table to identify to the lecturer that the relevant law is included. Reference to literature: In an essay-type question, it is important to utilise resources, such as books, research reports and journal articles, to identify and analyse authors’ comments on legal issues. In order to respond to these, you will need to refer to the relevant literature to demonstrate that you have researched and understood the contribution which has already been provided on the topic by others, and this enables you to make a considered and meaningful response.

Presentation of sources: When preparing answers for written assessments, the names of cases should be presented either as underlined or in italics. This immediately identifies when a case is being referred to, and it is easier for the assessor to detect those cases used in an answer. The cases should also include the full references (the year and where reported), ie, its ‘citation’, and citations are included in the textbooks for each case.

Books and journal articles that are used (mainly in essay-type answers) should include all the important referencing materials which would assist another reader in finding these resources. Remember to include all your sources, or you may find yourself accused of plagiarism.

In examinations, the case name and the year of the case are usually sufficient (rather than the full citation), although it is wise to ask your tutor about whether they expect the date to be included.

Answer the question: Any form of assessment will ask the student to do something, for example, advise the parties, analyse a statement and so on. You are unlikely to get any form of assessment that asks you to state everything that you know about a particular topic.

Therefore, if you are asked to advise the parties having described the relevant law and discussed its application to the given facts, ADVISE the parties! In the same way, if an essay question asks for an analysis of the usefulness of a particular statute, then conclude with this answer.

 

A lawyer by any other name

Lauren Stacey FCILEx writes:

A few months ago, I decided that it was time for a change of scenery and began my search for new employment. I was invited to attend interviews at a number of firms, one of which was a Legal 500 rated firm, located in the city centre.

I had become a Graduate member of CILEx the previous summer, and was finalising my application for Fellowship, which was information understood by every recruitment agent that I spoke with. However, those interviewing me seemed lacking in knowledge. During my interview at the Legal 500 firm, I was surprised to find that the gentleman conducting the interview, who was head of human resources and conducted all first-stage interviews, had no knowledge of the CILEx qualification. This lead to a rather awkward few minutes during the interview, where I had to explain the CILEx process and how the qualification is recognised by the courts and my peers.

Having been impressed (initially) by the status of the firm, the striking building facilities and the employment package perks, I rapidly became uninspired. My concerns were further confirmed when I asked where I would fit into the current team if I was offered the position. After a lot of waffle, the response I received was that the team was made up of solicitors and there were no paralegals in it. It was clear that this person did not know what my qualification meant.

Considering the rapid increase, in recent years, of individuals choosing the CILEx qualification and the general respect which it receives from those working in the legal profession, it is worrying that those granted with the power to encourage or halt a CILEx member’s employment opportunities are not required to be aware of the same.

I would like to think that this situation is the exception rather than the rule. However, I have been in similar circumstances previously and would be interested to see if any other members have had related experiences.

I believe that it is important for anyone who is working towards or has achieved their Fellowship of CILEx to be respected accordingly, and would encourage members to continue actively to promote CILEx in the hope that barriers, like the ones I have experienced, are swiftly eradicated.
 Responses to Lauren Stacey can be sent c/o: valerie.williams@cilex.org.uk

Obituary

Mr Bernard Arthur Quartly, a Fellow from Winchester, died on 11 August 2016, having retired in 1996 from Hampshire County Council, where he had been employed for 21 years as a commercial property executive.

Retirement

Ms Valda Patricia Grant, a Fellow from Seaham, Co Durham, retired on 30 September 2016 from Arriva PLC where she had been an assistant manager from May 2006 to September 2016.

Triple FCILEx celebrations at Michelmores

CILEx President Martin Callan presented Caroline Lavis, Deborah Stone and Ellen Yeates, all of whom work at Michelmores Solicitors, with certificates to mark their achievement of CILEx Fellowship. Congratulations (in triplicate) from CILEx!