Just 16 days into her new role as CEO of the Chartered Institute of Legal Executives (CILEX), the Mazur ruling and subsequent appeal thrust Jennifer Coupland into one of the biggest crises legal services has faced since the Legal Services Act. In a wide ranging discussion on the Today’s Conveyancer podcast, Coupland discussed how she handled the immediate aftermath of the decision, the appeal, and how she plans to shape the organisation after plans to bring CILEX under SRA regulation were shelved.
Jennifer Coupland is not a lawyer. Prior to taking on the role of chief executive of CILEX she led the Institute for Apprenticeships and Technical Education and held a senior academic leadership role focused on skills at London South Bank University.
In conversation with Today’s Conveyancer, she describes how she worked to transform the public image of apprenticeships from “something that was not a hugely popular route into something” into a role that was”really sought after” by people prioritising apprenticeships over other avenues, including university. She notes: “we’ve really kind of grown the prestige of that”.
The similarity with CILEX was one of the elements of the role that really appealed to her, Coupland says.
“I think CILEX has got a load of those kinds of ingredients… enabling people to train while they’re working. Earning and learning at the same time is so important for the diversity of the legal system because it taps into a pipeline of people who may not otherwise have been able to access these great legal careers.”
One of CILEX’s missions is to create a legal system that better represents the people that it serves, she adds: “We’ve got to find a way of growing these great routes so that more people can take them and we can build that diversity and that inclusivity.”
Recalling her first impressions of CILEX, Coupland says that, while she anticipated a serious and important environment driven by principles of justice and economic contribution, she was surprised by the speed at which action can occur when necessary and the sometimes “brutal” nature of debate within the profession.
These were embodied in the seismic High Court Mazur decision, which held that individuals who are not authorised or exempt under the 2007 Legal Services Act could not conduct litigation. While such a person may support a qualified solicitor in conducting litigation, the decision said, only those who are authorised or exempt under the 2007 Act are entitled themselves to conduct litigation.
The decision was just 16 days into Coupland’s tenure and raised fundamental questions about the scope of CILEX practitioners’ rights.
It was a challenging period for Coupland and CILEX members, many of whom felt “bruised” by the uncertainty and scrutiny that followed. A successful appeal affirmed CILEX’s interpretation of the law, restoring some confidence and providing much-needed validation.
But Coupland believes there will be further fallout to come from the case, which exposed inconsistencies and outdated elements within legal rules and legislation, particularly the 2007 Act. Using the iPhone as an example, Coupland points out there have been 51 updates since the original model in 2007 and the latest technology.
She adds: “…we haven’t looked at this thing and it is the underpinning of the whole of our legal services system. So it is ripe for review.”
Given the timeframe required to move and update legislation and follow the parliamentary process, Coupland suggests it’s a conversation the legal sector should start now.
“Even though we don’t have parliamentary time this session to do something in this space because there are bigger priorities, we could do the work now and we could have an oven ready bill for the next government. We really do need to do it – I don’t think we can go into the next election without having really looked at some of this stuff.”
If there is a positive to be taken away from the case, it’s that it raised the public profile of CILEX and the capabilities of its members. It is a responsibility of regulators to grow competition in the legal market, Coupland points out, to help consumers make informed choices when choosing a legal services provider.
When asked whether consumers really care, Coupland refers to evidence provided to the Justice Select Committee by the chair of the Legal Services Consumer Panel, which showed that consumers would often be much better off going to a specialist for legal services, but they aren’t necessarily aware.
Education is needed, Coupland insists, and good quality is key. Consumer need to know they are using somebody “who is properly regulated, who knows what they’re doing, who can handle issues appropriately and who can get a resolution at an affordable at an affordable price,” she says. “I think the quality of legal services does really matter to the public.”
If one crisis in Mazur wasn’t enough, Coupland faced the ire of members relating to calls for greater regulatory alignment and a proposal to merge CILEX, CILEx Regulation and the Solicitors Regulation Authority (SRA). Although plans were ultimately paused, Coupland makes it clear that the broader goal of streamlining regulation remains.
With both Coupland and the SRA’s chief executive Sarah Rapson recently recruited, getting both organisations on a “better footing” is a priority, Coupland says, with the pair agreeing that sweeping changes would take the organisations away from their key priorities.
However, regulation crossover remains, Coupland says, and she is committed to streamlining the system. With 70% of CILEX members working in SRA-regulated firms, they are subject to multiple layers of oversight that creates complexity and duplication.
She points to the guidance issued by CILEX, the SRA, the Law Society and others both before and after the Mazur decision as another example of how fragmented guidance from different bodies can create confusion for practitioners, particularly those working across regulatory boundaries.
As someone who is coming into the legal world “fresh”, Coupland believes there has to be a better way: “We do want to continue to explore that.”
For now, CILEX is moving ahead with its next five year plan, which is currently under consultation.
The body has four strategic objectives: to continue to grow its members, which currently number 17,500 and represent a small proportion of the overall legal community; to continue to deliver excellent education; to drive change and make the case for legal change where it’s needed; and continue to raise the profile of CILEX lawyers.
Members are encouraged to engage with the consultation, which closes on 17th June. Concluding Coupland stresses that participation is critical to shaping the organisation’s future and ensuring that it reflects the needs and aspirations of its members. Review and respond to the consultation here.
Listen to the interview in full on the Today’s Conveyancer Podcast, available on your preferred podcast provider and also at www.todaysconveyancer.co.uk. Subscribe and listen in for all the latest conveyancing industry news and views.
Thank you to our podcast sponsors LEAP Legal Software and InfoTrack
