Spotlight on advocacy 

CILEx Regulation takes a look at advocacy, recent developments in the field and how to become a CILEX Litigator and Advocate

If you are a Chartered Legal Executive working in civil, criminal or family proceedings, then you may be interested to know that you can apply for rights to conduct litigation and extended rights of audience in your practice area, to allow you to work without supervision and undertake advocacy in certain proceedings.

In May 2022, CILEx Regulation launched a new route to obtaining practice rights for Chartered Legal Executives. This new training and/or assessment route has been developed as an alternative to the existing portfolio route and will be delivered by the University of Law.

If you would like more information on the routes available to apply for authorisation for litigation and advocacy, then please visit our website and complete the expressions of interest form.

Those who have previously obtained independent practice rights have told us that it has helped them to progress in their careers and provides consistency of representation to their clients. Find out what one of our members, Jenna Salmman, had to say.

Resources for practising in the Coroners’ Court

In 2021, CILEx Regulation worked with the Bar Standards Board and Solicitors Regulation Authority to develop competences to help CILEX Advocates and the public to understand the standard expected of individuals practising in the Coroners’ Court.

The competences and resources were developed with the assistance of practitioners (barristers, solicitors and Chartered Legal Executives), coroners including the Chief Coroner and his office, the Deputy Chief Coroner and Senior Coroner for Sunderland, bereaved members of the public who have been involved in inquests, organisations that provide specialist support, and in collaboration with the Ministry of Justice and other regulators.

They reflect the main challenges of practising in inquests:

  • Procedural knowledge;
  • Dealing with vulnerability;
  • Communication and engagement; and
  • Working with other organisations.

The competences and resources can be used by advocates to identify and address personal learning and development needs as well as providing tips for dealing with the challenges of practising in the Coroners’ Courts. They are highly recommended for all our CILEX Litigators and Advocates and CILEX Advocates who may be practising in the Coroners’ Court, now or in the future.

Domestic Abuse Act 2021 – Cross-examination provisions

CILEx Regulation recently met with the Ministry of Justice to discuss how CILEX Litigators and Advocates and CILEX Advocates may be able to undertake cross-examination work as court-appointed qualified legal representatives, for domestic abuse matters in specified circumstances, in civil and family proceedings in England and Wales.

This work is largely expected to be undertaken by individuals with Higher Rights of Audience and the Ministry of Justice has commenced the registration process for qualified legal representatives who wish to undertake this cross-examination work.

We will contact CILEX Litigators and Advocates and CILEX Advocates directly to provide more information about this project.

Higher Rights of Audience for CILEX Advocates

Following a very supportive response to an initial survey of Chartered Legal Executives in March 2022, CILEx Regulation is beginning work on an application to extend the existing rights of audience to include the opportunity for CILEX Litigators and Advocates and CILEX Advocates to apply for Higher Rights of Audience.

“CILEx Regulation is beginning work on an application to extend the existing rights of audience to include the opportunity for CILEX Litigators and Advocates and CILEX Advocates to apply for Higher Rights of Audience” 

These additional rights would enable CILEX Litigators and Advocates and CILEX Advocates to practise in the senior courts and would also widen the judicial opportunities available to them, where they also meet the requirements for judicial appointment.

We are currently working on the proposal for this rule change and considering how the existing advocacy assessment can be amended to meet the requirements for authorisation with Higher Rights of Audience.

We will continue to keep members and stakeholders updated as this project continues.

Danielle Rowles is a practitioner authorisation & supervision manager at CILEx Regulation