A force for good

As he comes towards the end of his term as CILEX Chair, Professor Chris Bones reflects on what has been achieved over the past six years, the growing influence of CILEX and the contribution made by CILEX members and staff

 

In January, I hand over the baton to CILEX’s new chair, Eileen Milner, after six years at the helm. Much has been achieved during that time, building CILEX’s reputation as an alternative, but equally valid, route into the law and increasing the standing of our members.

This is testament to those who founded our organisation and stewarded us through the process to become a chartered body. We owe much to those forward-looking members who understood that the best way to build the reputation of CILEX was to ensure that it operated first and foremost in the public interest.

It is this underpinning principle that provided the foundation for our success since reforming CILEX’s governance in 2018, with significant achievements that include:

• A change in the law enabling all Chartered Legal Executives to certify copies of powers of attorney;
• Policy change to allow CILEX Lawyers to apply directly for recorder and Upper-tier Tribunal judicial roles;
• The ability of our regulator to grant higher rights of audience to CILEX Chartered Litigator and Advocates, enabling them to operate in the higher courts in England and Wales;
• The launch of the CILEX Professional Qualification (CPQ) allowing independent practice rights to be attained alongside authorisation as a Chartered Legal Executive for all newly qualified CILEX Lawyers;
• Securing parity of funding between apprentices qualifying as solicitors and those qualifying as CILEX Lawyers;
• A change in policy by the Legal Aid Agency, which is now in the process of finalising arrangements to confirm CILEX as a provider of duty lawyers – eliminating the need for CILEX members working in criminal law to apply via the Law Society duty solicitor scheme;
• Agreement to CILEX representation on the Criminal Legal Aid Advisory Board and the Civil Justice Council alongside the other major professions;
• Changing the policy of virtually all leading mortgage lenders to accept CILEX conveyancing firms onto recognised provider lists;
• Creation of a national standards framework for paralegals in England and Wales, supported by a public-facing register and new professional titles that differentiate CILEX Paralegals who are regulated and held to competency and behavioural standards from those who are unregulated and unqualified. Currently awaiting formal charter change before implementation; and
• Agreement in principle with the Crown Prosecution Service and the Ministry of Justice to amend primary legislation to remove the requirement for CILEX criminal lawyers to retrain as solicitors to become Crown prosecutors. This would remove the last major distinction between the CILEX profession and other lawyers who practice in criminal law.

Impact on this scale was achieved despite our relatively small membership and resources when compared to other professional bodies. It was achieved through constructive debate and dialogue rather than confrontation or threat.

“Impact on this scale was achieved despite our relatively small membership and resources when compared to other professional bodies. It was achieved through constructive debate and dialogue rather than confrontation or threat.” 

We have had to work hard to show that these changes are in the public interest as well as benefiting our members.

The reforms to CILEX titles, currently awaiting formal approval by way of charter change, will ensure that government recognition of CILEX Lawyers as qualified to the same standard and therefore able to practise equally alongside solicitors in their authorised legal specialism, is reflected in the workplace.

This parity is an important foundation upon which CILEX’s strategy will build, focusing on improving workplace culture and career progression for CILEX members.

Investment in the future

In addition to these achievements, 2023 saw a positive improvement in CILEX’s finances, with investment in the CPQ and CILEX Lawyer apprenticeships, as well as acquisition of the Institute of Paralegals, contributing to a recovery from the financial pressures of the pandemic and the deficit position reported last year.

There is still more to be done to deliver growth in membership and services, but last year created a stable platform for better financial performance and the board will continue to work to ensure CILEX is on a strong financial footing with the resources it needs to deliver.

A united team

None of this would be possible without the input of members through our Professional Board, Special Reference Groups and participation in our consultations and engagement events. Thanks go to all those who engaged with us over the past year.

Tributes also go to the staff team and their hard work and dedication to building a profession that is second to none, and to my non-executive board and committee colleagues, who continue to work as a united team to deliver our strategic objectives and ensure we execute our statutory duties in the public interest.

It has been an immense honour to be the first non-member chair of CILEX. I was set a clear goal on appointment to establish a level playing field between CILEX lawyers and solicitors and to create a professional standard for those members who were not fully authorised but nonetheless delivered much of the legal services in our country.

These goals were not ends in themselves but the foundations on which we could become a larger and even more influential profession that was diverse, progressive and modern.

Sheer determination

Finally, I would like to reflect on the CILEX membership – remarkable in so many ways. Not just as a profession that is 76% women, nor one with a significant membership from non-white ethnic backgrounds, but also as the most socially diverse of the legal professions.

The sheer determination so many members have shown to achieve their professional standing is truly impressive – doing so alongside caring for children or family members and working in demanding roles. Whether I am speaking to solicitors, barristers, judges, politicians, regulators or civil servants, they invariably speak about CILEX members in very positive terms.

You are outstanding role models for your families and communities. You are shining examples of the best our country can be when it harnesses all the talents available, not just those of the privileged few.

I am in awe of you and will continue in my role as a Judicial Appointments Commissioner to champion CILEX members as a vital and dynamic force for good.