This
question comes up all the time and is quite a common query that we
imagine the Solicitors Regulation Authority (SRA) are getting better at
answering due to the sheer number of people asking the question. Many
years ago the advice seemed a bit varied at times, but we have recently
had a candidate who wanted to work in a locum role in the short term and
waiting to go back on the Roll and get a practising certificate after
some time spent outside the profession. She has been given fairly
concise advice on whether she could work as a paralegal whilst waiting
to be readmitted which we are repeating here.
This
article is written as a discussion point and is not intended to be
advice in any shape or form. For full advice on your particular set of
circumstances please speak to the SRA (or whoever else you like, but
please do not depend on the information in this article!). The SRA have a
simple online test to determine if you need a practising certificate
and this is available here:
https://www.sra.org.uk/solicitors/guidance/ethics-guidance/when-do-i-need-a-practising-certificate-/
The
simple test appears to be that if your name is not on the roll of
solicitors in England and Wales, either as a practising or
non-practising solicitor, then the SRA have no problem with you taking
work as a paralegal or non-qualified lawyer, provided you do not hold
yourself out as a solicitor. Conversely, if your name is on the roll of
solicitors, even if you are classed as a non-practising solicitor, then
you cannot work as a paralegal and would have to apply for a practising
certificate and have this in place.
We
make no comment at all on whether this is a good idea, a bad idea or
something that should be prohibited, but we see a number of locum
conveyancers, private client lawyers and corporate commercial lawyers
working this way for a host of differing reasons. We also repeat that
you should speak to the SRA if you have any questions about this issue
and not depend on this article..
Jonathan Fagan is Managing Director of Ten-Percent Legal Recruitment and a non-practising Solicitor. Ten-Percent Legal Recruitment provides online Legal Recruitment for Solicitors, Legal Executives, Fee Earners, Support Staff, Managers and Paralegals. Visit our Website to search our Vacancy Database.
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