Further to our previous guidance on Mazur*, as advised, there are issues arising from the judgment that have much wider consequences than the obvious. Firms are busy remapping roles and responsibilities, ensuring both the firm and staff do not breach the requirements of the Legal Services Act, and establishing procedures to ensure only authorised staff conduct reserved activities.
Mazur Update from CILEx Office Holders – Message to Members
CILEx have issued some positive clarification for their members, confirming that, in their view, the Mazur decision DOES NOT affect Probate and Property services, specifically citing Schedule 3 of the Legal Services Act.
“The ruling does not apply to members working in conveyancing and probate. Schedule 3 of the Legal Services Act 2007 expressly provides exemptions that mean they can handle those reserved activities – rather than just assist with them – under the supervision and direction of authorised lawyers. However, there is no such exemption for the conduct of litigation”.
This will be welcome news to firms that can continue with prior practices, subject to ensuring there is an appropriate level of supervision, which is evidenced by an authorised person within the authorised firm.
We hope that a similar approach by the Solicitors Regulation Authority (SRA) will be confirmed shortly, and at least one of the worries can be put to one side as firms continue to focus on the changes to their processes, focusing on the affected area of litigation.
We are sure there will be more to follow.
*Read our previous articles here:
Mazur & Stuart v. Charles Russell Speechleys LLP – Should Firms Make a Self-Report?
Mazur & Stuart v. Charles Russell Speechleys LLP – FOLLOW UP: Conduct v Support
Mazur & Stuart v. Charles Russell Speechleys LLP – The Reality and Guidance
Next Steps – How We Will Help
Our team at the Regulation and Compliance Office (‘RACO’) will continue to consider and research this issue. If the SRA issues guidance or our view changes, we will provide firms with more practical guidance to protect themselves and their staff.
For those firms that utilise our services for regulation and compliance, we will engage directly with your team. For those who are not, you can contact us, and we will assist where possible. Alternatively, you can watch for updates as we issue them.
The seriousness of the issues raised by this case and the overall impact on staff and firms is significant, and any support we can offer is, we hope, welcome.
Get in touch
To ask any questions about the Regulation and Compliance Office and how we can support your Law Firm, please call us on 0203 985 8550, complete the online enquiry form, or email us info@regulationandcomplianceoffice.co.uk
