Call in the paralegals

CILEX’s acquisition of the Institute of Paralegals marks a significant moment in the development of the paralegal profession. Neil Rose talks to those affected

There is a famous scene in Monty Python’s Life of Brian where Brian meets the People’s Front of Judea. The only people they hate more than the Romans, the group tells him, are the Judean People’s Front. And the People’s Popular Front of Judea.

At times, the paralegal world has seemed a bit like the PFJ/JPF/PPFJ, with different organisations speaking for this disparate group of people and not always getting along. But with CILEX’s acquisition of the Institute of Paralegals (IoP), any debate is now surely over – CILEX is the pre-eminent voice for paralegals.

Of course, in numerical terms, it always has been but the deal cements CILEX’s commitment to the sector and becoming the umbrella organisation for specialist legal professionals.

As CILEX Chair Professor Chris Bones writes in his column in this issue: “For professional paralegals, there has not, until now, been a single national body able to provide both a formally recognised professional status and a professional qualification route that supports them and enhances their standing in the sector.

“This is despite there being over 100,000 paralegals working across all aspects of the law, from private practice firms through to in-house roles in commercial enterprises and public bodies.”

“The deal cements CILEX’s commitment to the sector and becoming the umbrella organisation for specialist legal professionals” 

Certainly, IoP members seem happy with the development. “I feel very blessed to have been part of the IoP and thank them for all they’ve done and opportunities they’ve created for us,” says Paige Gouldthorpe, a Court of Protection specialist at East Anglia firm Fosters Solicitors, holding the roles of deputy head of wills, trusts & probate and head of the Lowestoft office as well.

She says she has valued the sense of “belonging” provided by the IoP as she has worked her way up in the profession since the age of 17 as a business and administration apprentice “working in the basement” of another law firm.

There may be a dismissive ‘just a paralegal’ attitude among some lawyers, but Ms Gouldthorpe says it has not been an issue for her. “I like to think the status of paralegals has been increasing. It’s a hill we have to climb but hopefully with the merger we’ll see an increase in respect and equality.”

But she recognises the importance of credibility for paralegals and the CILEX deal will provide that, she believes. “I’m excited to see what’s going to happen and what value it’s going to bring,” she says. “This consolidation among professional bodies will help recognise paralegals as a group.”

For her, “experience counts over qualification”. Ms Gouldthorpe explains: “You have to be yourself unapologetically – I love my story and I’m proud of it. My clients love it too. They come to see me, not a person in a suit.” Perhaps it is no surprise that at last year’s National Paralegal Awards – which will be continuing with CILEX – she was named both national paralegal of the year and the best will-writing paralegal.

Confidence boost

Phil Turvey is executive director of probate genealogists Anglia Research and a paralegal himself, one of 16 members of staff on the Professional Paralegal Register (PPR), which also transferred to CILEX as part of the deal. The firm is a member of the Association of Probate Researchers, which is recognised by the PPR. He explains that these were the “first step in bringing greater regulation and accountability to our industry”.

This was necessitated by heir hunter TV programmes and greater availability of genealogical information online, resulting in the rise of less reputable players in the market. Mr Turvey goes on: “It goes hand in hand with the type of work we do in initially contacting people out of the blue. They are initially sceptical and want to ensure they are dealing with a reputable firm, that someone’s not trying to scam them out of their life savings.”

So, for Anglia Research, regulation and reputation are vital, meaning “anything that can help or add to that confidence that a client or the public have for us and our industry in general is a great thing”.

Mr Turvey argues that the use of paralegals provides greater access to justice because they are more cost effective. “Paralegals who have the right expertise have a really vital role to play in providing their services at a price point that is attractive and affordable. I can only see CILEX’s acquisition as a good thing in terms of furthering that.”

CILEX’s far greater profile than the IoP and PPR “gives that greater exposure and public confidence in using paralegals who are operating within or under the CILEX umbrella”, he continues. In a market with low barriers to entry like probate genealogy, “having standards against which people can be held accountable is great for the industry and you would hope the public would recognise that and seek out those with qualifications”.

Former police officer James Pearson, who set up Milton Keynes-based JP Estate Planning in 2015, has focused on raising standards throughout his time as a paralegal – both his own (he has completed courses with both CILEX and the Society of Trust & Estate Practitioners), those of his staff (all should have paralegal practising certificates by the end of this year) and of others, whom he has advised on setting up their own estate planning businesses. “I don’t care about competition – I want to improve standards,” he explains.

“The idea of focusing regulation on the legal activity rather than the title of the person performing it is gaining ground” 

The IoP has helped him do this, he says, and the CILEX acquisition “will only serve to extend that”. He sits on the steering group overseeing the deal to ensure that the transition benefits both organisations’ members. His initial concerns have been completely alleviated, he says.

“It opens the door to much greater resources, to much more opportunity to progress professionally and to CPD. CILEX is a very well regarded and respected organisation among law firms. I hold the IoP in such high regard too and to see them come together can only be a good thing. It really opens up more pathways to paralegals and recognises prior experience in a far greater way than has been done previously.”

Mr Pearson is also excited by the greater influence a united voice for paralegals will have in being heard by government. The issue of regulation for paralegals has long bubbled away but given the varied nature of the role and difficulty of defining exactly what a paralegal is, it has never gone too far.

But the idea of focusing regulation on the legal activity rather than the title of the person performing it is gaining ground – it was a core recommendation of Professor Stephen Mayson’s Independent Review of Legal Services Regulation – and that would radically change both the industry and the status of paralegals.

Mr Pearson suggests that as paralegals take increasing responsibility, regulation could well follow. “Regulation generally creates expense and slows things down, but it provides protection to clients as well.”

Credible profession

Daniel Bussau is another member of the steering group. He runs Outback Legal, which provides private client services, advocacy and an outsourced in-house function for businesses. The firm’s website displays the IoP logo prominently and describes itself as an “ardent” supporter.

The full details of what the IoP acquisition means for members have yet to be published. “I’m interested to see where someone like myself slots into CILEX,” he says. Mr Bussau has a law degree and significant paralegal experience after setting up Outback Legal in 2017. He is currently an IoP Fellow and Tier 4 paralegal on the Professional Paralegal Register and believes that those in his position are well placed to take advantage of the qualifications on offer through CILEX.

Being able to do this and obtain rights to conduct litigation and rights of audience in the county court would help his business. “Everyone in the industry can see the current court system is not able to cope – paralegals have to be part of the solution, particularly where fixed recoverable costs mean that engaging solicitors is sometimes hard to economically justify.”

As well as the extra credibility, Mr Bussau is keen on more joined-up activity across the legal profession, which would be boosted further in his view by the idea of the Solicitors Regulation Authority taking over the role of CILEX Regulation and allowing CILEX to continue to focus on expanding the number of legal professionals from non-traditional and diverse backgrounds.

Former IoP chief executive Rita Leat, now special adviser to CILEX, says she hopes becoming part of CILEX will help employers and clients better understand the position of paralegals.

Not a single member has been negative about the acquisition, she says. “There’s been a lot of interest and indications that they think it’s the right home for the paralegal sector. They understand that, to ensure it’s a profession in its own right, there needs to be an organisation that can follow that through.”

Ms Leat says ensuring that those studying law are able to see being a paralegal as a profession in its own right “is something that I have aspired to achieve”. She continues: “With CILEX’s ambition to create chartered paralegals, it makes this a credible profession and something people can aspire to.”

The PPR – of which she was one of the founders – will grow too, encompassing all suitably qualified paralegals, and move towards becoming the national register of unregulated providers that Professor Mayson called for.

Ms Leat concludes: “There are going to be some massive benefits here for the sector as a whole.”