We have two main disciplinary panels that we refer cases to, they are:
- the Professional Conduct Panel (PCP); and
- the Disciplinary Tribunal (DT).
The panels are both made up of two lay members (people who do not work for the CILEx Group or the legal profession) and one Chartered Legal Executive lawyer.
The PCP and DT each have an independent Clerk whose role is to help the parties with the procedure and ensure the panel considers all relevant information before it makes a decision. The Clerk does not decide the result of the hearing.
We also have an Appeals Panel that is set up in a similar way. It deals with appeals from the people and firms we regulate against decisions made by the PCP or DT. It also deals with appeals from us.
The Professional Conduct Panel
Where we refer a case to the Professional Conduct Panel (PCP), its role is to decide whether there is enough evidence to show that the Code is more likely than not to have been broken in a serious way. If the PCP decides there is enough evidence, it can refer the case to the Disciplinary Tribunal.
If the person or firm admits the wrongdoing, they can agree for the PCP to:
- give them a warning or reprimand (or both);
- put conditions on their future behaviour or employment;
- ask them to give an undertaking (a legal promise) about their future behaviour.
PCP meetings are held in private.
The Disciplinary Tribunal
The Disciplinary Tribunal (DT) holds formal public hearings to decide cases. It has the power to take action where the wrongdoing has either been admitted by the person or firm or proved by CILEx Regulation. The DT can:
- give the person or firm a warning or reprimand (or both);
- put conditions on their future behaviour or employment;
- order them to pay a contribution to the cost of us dealing with the case;
- exclude the person from CILEx membership;
- remove a law firm’s authorisation to carry out certain types of legal work;
- fine them (unless they are excluded/ the firm’s authorisation is removed).
Temporary orders
In very serious cases, the PCP and DT can also make temporary orders to protect customers while the case is ongoing. This includes temporary orders to:
- suspend or restrict a person’s CILEx membership;
- suspend or restrict a law firm’s authorisation to carry out certain types of legal work;
- enter into an agreement to close or manage a law firm.
The Appeals Panel
The Appeals Panel deals with appeals from the people and firms we regulate against decisions made by the PCP or DT. It also deals with appeals from us. Information providers and members of the public cannot request an appeal, but they may be entitled to attend an appeal hearing if it is held in public.
Find out about upcoming DT and Appeal hearings here.
