Law Society Releases Updated Post-Pandemic Guidance

The Law Society recently released updated guidance for solicitors involved in litigation following the significant ruling in the March Court of Appeal case, Mazur. This new practice note emphasizes the importance of ensuring that only authorized persons carry out litigation tasks, while clarifying the roles of unauthorized team members.

Key Aspects of the Updated Guidance

The Court of Appeal’s decision overturned a previous judgment by the High Court. It stated that unauthorized individuals could legally perform certain litigation tasks, provided an authorized person, such as a solicitor or CILEX member, oversees their actions. This delegation must include proper direction, management, supervision, and control, which are areas subject to regulation.

Implications of the Court of Appeal Ruling

• Only authorized persons are allowed to conduct litigation.
• Authorized persons can delegate specific tasks to unauthorized individuals while maintaining overall responsibility.
• Responsibility encompasses both managing the tasks and adhering to professional principles.

Brett Dixon, the Vice President of the Law Society, stated that the practice note reflects their understanding of the Court’s ruling and aims to assist solicitors until further guidance from the Solicitors Regulation Authority (SRA) is released. He emphasized the need for solicitors to be acquainted with the SRA’s recommendations on effective supervision and enforcement strategies.

Practical Steps for Law Firms

The practice note advises law firms to take immediate action while awaiting more detailed SRA guidance on supervision. Key recommendations include:

• Reviewing existing policies and procedures to document litigation processes clearly.
• Ensuring an authorized person is accountable for each matter, verifying their practice rights include litigation.
• Making sure critical decision-making points within litigation are assigned to authorized persons.
• Documenting delegation processes to illustrate professional judgment in litigative actions.
• Training all personnel involved in litigation on established policies and procedures.

In addition, the Law Society is hosting a webinar for solicitors to clarify the implications of the court ruling. This event will provide an opportunity for solicitors to ask questions and gain further insights into the updated guidance.