Keenan and Riches’BUSINESS LAW

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Other legal personnel


Public notaries


A notary public is an officer of the law who is authorised,
among other things, to draw up, attest and certify deeds
and other documents, to prepare wills and probate
documents, to administer oaths and take a statement of
truth. Most notaries are also solicitors.


Legal executives


Most firms of solicitors employ staff who are not quali-
fied as lawyers to deal with some of the more routine
work of the legal office, such as conveyancing. Legal
executives, as they are known, have achieved profes-
sional recognition with the establishment of the Institute
of Legal Executives (ILEX) in 1963. Unadmitted clerks
may now qualify for membership by combining prac-
tical experience with success in the Institute’s examina-
tions. In 1997, ILEX received approval from the Lord
Chancellor and four designated senior judges for an
application to grant limited rights of audience in the
courts to suitably qualified Fellows of the Institute. Part
2 of the Tribunals, Courts and Enforcement Act 2007
enables the Lord Chancellor to extend the eligibility
requirements for judicial office to include legal execut-
ives and to those who have gained experience in law
through, for example, teaching or research.


Licensed conveyancers


Up until the mid-1980s, solicitors enjoyed a statutory
monopoly over conveyancing work. (The monopoly
extended to barristers as well, but, as a rule of practice,
they do not carry out conveyancing work.) It was a
criminal offence for an unqualified person to prepare
documents relating to the transfer of title to property
for gain. Many solicitors were heavily dependent on
conveyancing work but there were growing criticisms
of the level of charges and standard of service provided.
A small measure of competition for conveyancing work
was introduced with the creation of a new profession of
‘licensed conveyancers’ by Part II of the Administra-
tion of Justice Act 1985. The Council for Licensed
Conveyancers is responsible for the admission, train-
ing, professional standards and discipline of licensed
conveyancers.


Part 1Introduction to law


48


Lawyers in industry, commerce and
public service
The vast majority of qualified lawyers work in private
practice providing legal services to a wide range of
clients. A growing number of organisations, however,
are setting up their own legal departments staffed by
solicitors and barristers. The functions of these ‘in-
house’ lawyers depend on the type of organisation
they work for. Banks, insurance companies and building
societies employ lawyers to fulfil their specialist legal
requirements. Central government departments and
local authorities employ their own lawyers to help them
discharge their statutory functions. The legal depart-
ment of a private company undertakes legal work of a
general nature, i.e. conveyancing, drawing up contracts,
providing advice on employment matters, company
administration and so on.

Other sources of information
and advice

Information and advice for business
The legal profession is not the only source of informa-
tion and advice on legal matters which a businessperson
can turn to. Accountants are well versed in the intricac-
ies of tax laws and the complex requirements of com-
pany law. Some of the large firms of accountants have
established business and management consultancy ser-
vices. Government departments are a fruitful source
of information for those in business: e.g. the Depart-
ment for Business, Enterprise and Regulatory Reform on
employment legislation; and HM Revenue & Customs
on tax and VAT regulations. There is also a large num-
ber of government-sponsored organisations providing
information and advice: the Commission for Equality
and Human Rights (which merged the Equal Opportuni-
ties Commission, the Commission for Racial Equality
and the Disability Rights Commission with effect from
October 2007); the Health and Safety Commission, the
Office of Fair Trading and the Small Business Service, to
name a few. A businessperson may also benefit from
joining a trade association. The Consumer Credit Trade
Association, for example, produces a quarterly journal
which reports changes in the law. It also runs a Legal
Advisory Bureau for its members. Professional associ-
ations (e.g. the Chartered Institute of Personnel and
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