ANNEX 2
A Brief Overview of ILEX and its Membership
(PS 10 B)
ILEX was formed in 1963 as a successor to the
Solicitors' Managing Clerks Association, with the full support
of the Law Society, Bar Council and judiciary. It is the professional
body which represents and regulates Legal Executives and trainee
legal executives in the legal profession. The current membership
is over 22,000, of which about 6,000 are Fellows, its most senior
grade of membership. The Institute's mission statement is as follows
:
"The Institute of Legal Executives (ILEX)
is the professional body which represents Legal Executives and
enhances their role and standing in the legal profession. ILEX
is the leading provider of comprehensive legal education and influences
law reform."
In its role as a representative body, the Institute
lobbies for legislative and practice changes on behalf of its
membership, and is active in producing responses to government
consultation papers on law reform. It is an authorised body for
the purposes of granting rights of audience to suitably qualified
Fellows under the Courts and Legal Services Act 1990, and is included
as an authorised body for granting powers to conduct litigation
under the Access to Justice Bill. In its regulatory role, the
Institute has a code of conduct which members are required to
observe. In addition, Legal Executives are required to observe
the Solicitors Practice Rules 1990 where it is relevant to the
work in hand. For example, Rule 15 on client care, and the associated
standards that fall within it, apply equally to Legal Executives
when dealing with clients. There are provisions contained in the
Institute's Articles for dealing with breaches of conduct and
other transgressions, and procedures for investigating complaints
against its members, which is overseen by the Legal Services Ombudsman.
The Institute has three classes of membership
:
1. StudentThose who are registered
with ILEX and are preparing for the Institute's examinations.
2. MemberThose who have passed
both parts of the Membership examination but have yet to complete
the required five years of qualifying employment. Can use the
designatory initials M.Inst.L.Ex.
3. FellowThis is full membership
of the Institute. Only Fellows can call themselves Legal Executives
and use the designatory initial F.Inst.L.Ex after their names.
In order to qualify as a Fellow, a member must have completed
the Institute's membership examinations, possess at least five
years qualifying employment, and be at least 25 years of age.
Only Fellows have voting powers within the Institute's constitution.
The Institute's Membership examinations consist
of two Parts :
Part I This is the broad foundation
for the knowledge of law and practice, and covers all the mainstream
law and practice areas, in three hour examinations, two in law
and two in practice subjects. The standard is approximately that
of A level. There is an alternative method of studying the Part
I via a Vocational Scheme, which is more NVQ based.
Part II This involves a more substantive
and specialised study of law and practice, and is equivalent to
degree level. This consists of three examinations in law and one
in practice. The choice of which subjects to study is made by
the student from a wide range of topics.
It is also possible for a member to continue
further study to qualify as a solicitor, as the ILEX route is
one of the recognised routes for becoming a solicitor. Members
study either through the Institute's network of colleges, or via
its distance learning subsidiary ILEX Tutorial College.
The Institute is a company limited by guarantee,
and therefore has no share capital. The liability of its members
on winding up is limited to £1. It has a ruling Council made
up of elected Fellows of the Institute representing constituencies
across England and Wales. It has three wholly owned subsidiary
companies, each with their own separate constitution :
ILEX Tutorial CollegeThis provides
distance learning courses for ILEX examinations, and also the
Common Professional Examination, Legal Practice Course and Professional
Skills Course of the solicitors training scheme.
LEX (Paralegal Training) LtdThis provides
vocational and introductory courses for secretarial, administrative
and paralegal staff, as well as basic law courses for those working
outside the legal profession.
LEX Publishing and Advertising LtdThis
publishes the Institute's monthly membership journal, the Legal
Executive, and also provides a recruitment guide as a service
to members.
A Legal Executive has a right of audience before
a court in relation to any proceedings where he is employed, and
is doing so under instructions given by a qualified litigator,
and the proceedings are heard in Chambers in the High Court or
county court. This does not extend to reserved family proceedings.
Legal Executives are also permitted to act as commissioners for
oaths under the Commissioner for Oaths (Prescribed Bodies) Regulations
1995 SI 1995/1676. Further information about the Institute may
be found in Halsbury's Laws of England Volume 44(1) Chapter 11.
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