We are aware of recent interest in the implications of the Mazur v Charles Russell Speechlys LLP judgment for authorised individuals providing reserved legal services. The judgment confirmed that the conduct of litigation is a reserved activity, which can only be undertaken by individuals who are authorised or exempt under the Act. Non-authorised individuals cannot conduct litigation, even under the supervision of authorised individuals but may, however support litigation work.
Under Schedule 3 of the Legal Services Act 2007, non-authorised individuals may assist with certain reserved legal activities, including probate, provided they work under the direction and supervision of an authorised individual in an authorised firm. This enables support staff to carry out certain tasks without themselves performing a reserved legal activity.
ICAEW authorised probate practitioners can continue to carry out probate within the scope of their authorisation and supervise non-authorised individuals providing administrative assistance. These employees however must not perform any reserved legal activity themselves.
The administration of oaths may only be carried out by authorised individuals or exempt persons such as solicitors and notaries under Schedule 3 of the Act. Non-authorised employees may assist with administrative support but cannot themselves administer oaths.
Our priority remains ensuring that authorised legal services are delivered appropriately and in a manner that upholds public confidence. We will continue to monitor developments to ensure a consistent approach.