Was my lawyer allowed to run my case?

I have an ongoing claim for serious injuries I sustained in an accident just over 3 years ago. My lawyer has written to me to say that there may be a problem with my claim. She said that the issue is to do with a recent court case that decided legal executives cannot deal with litigation and the reason that could be an issue is because she is one. I must admit that I thought she was a solicitor, but she is saying that, because she signed the court forms in my claim, the other side may make an application to the court to ‘strike’ my claim out. She says a solicitor will now be dealing with my case. Should I be worried?
John G, by e-mail

Answer

In the recent case of Mazur v Charles Russell Speechleys, a Hugh Court judge held that paralegals (non-qualified staff) and Chartered Legal Executives are not allowed to conduct litigated cases themselves, even where they are supervised by a solicitor.  Legal Executives can do so if they have an additional qualification, but the vast majority of them do not. This is only an issue after court proceedings have been commenced (when a case becomes litigated), such as in your case.

Bikelawyer only employs solicitors, but many law firms use paralegals and legal executives to run cases to keep their costs down, and so this case has sent shockwaves through the industry. It is hoped that the Legal Services Act 2007 will be amended to allow Legal Executives to run cases, but I have already heard about Defendant law firms seeking to have claims struck out (discontinued with no compensation). You will have to wait and see if the Defendant takes issue with your case I am afraid.