Focus on supervision – lessons for law firms following the Mazur appeal
The recent Court of Appeal’s decision in Mazur has provided much-needed clarity and reassurance for CILEX professionals, paralegals, trainees, and other non-qualified fee earners within the legal sector. The judgment recognises the valuable role played by these individuals, validating their qualifications and contributions to the justice system. By rejecting a rigid separation between ‘assisting’ and ‘conducting’ litigation, the Court has endorsed more flexible and pragmatic team structures, provided they are underpinned by robust supervision, accountability, and professional standards.
Nevertheless, the ruling doesn’t definitively resolve what constitutes adequate supervision or the precise limits of delegation, leaving some regulatory uncertainties that may require further litigation or guidance.
To help law firms mitigate regulatory and operational risks, support access to justice, and uphold high standards, the following eight top tips for effective supervision are recommended:
- Review supervision structures: regularly assess and clarify supervisory responsibilities and reporting lines to ensure all delegation is properly overseen by authorised persons.
- Update internal policies and training: ensure policies and training reflect the latest regulatory guidance, so all staff understand their roles and the critical importance of supervision.
- Document delegations and supervision: keep detailed records of delegated tasks and the supervision provided to demonstrate compliance and transparency.
- Regular regulatory engagement: monitor updates from regulators and proactively seek guidance on complex issues.
- Transparent client communication: clearly explain to clients who is acting for them, the scope of delegation, and supervisory arrangements, managing expectations and accountability.
- Monitor for further developments: stay alert for future regulatory or case law changes and adapt risk management practices as needed.
- Promote a culture of accountability: foster an environment where all staff feel responsible for raising concerns about supervision or delegation.
- Business continuity planning: incorporate regulatory disruption into continuity and risk management plans, learning from the uncertainty caused by the Mazur decision.
Effective and well-evidenced supervision is not only a regulatory requirement, but also essential for professional indemnity insurers and the operational resilience of legal practices. Miller supports clients with practical risk management advice and tailored insurance solutions to ensure firms can evidence strong supervision and a culture of accountability – both key factors for compliance and risk profile enhancement.
Get in touch
To find out how Miller can support you, get in touch with Kerry Greenwood – Director, Professional and Financial Risks.