The Lexcel Assessment Process
A Lexcel assessment is designed to ensure that:
- all the PMS core requirements are addressed within the practice
- documentary evidence of this exists
- procedures and processes are understood throughout the practice
- the practice applies them and does so consistently
The Assessor will arrange mutually convenient dates for the assessment, during which the Assessor will visit each practice location and have meetings with the practice representative, as required to review progress. The Assessor will, at all times, respect client and business confidentiality. Subject to this, the Assessor will, whilst on site:
- inspect documentary evidence and look at other relevant records
- interview a representative cross-section of principals and staff to confirm that the necessary processes are in place and are understood
- conduct case management audits with a selection of fee earners.
When seeking certification, the onus is on the practice to satisfy the Assessor that it meets the standard. If the practice can not allow access to case files it will have to work with the Assessor to identify other ways in which satisfactory evidence can be established.
The most significant part of the time spent during the assessment will be "at the premises". It is common practice to conduct an initial desk top reivew of the office manual before the assessment.
The main factor affecting the length of the assessment is the number of fee earners. Other significant factors include: numbers of support staff, the number and types of site and degree of differentiation in work patterns between partners.
The Assessor will choose a representative cross section of personnel for interview from the list supplied. The numbers and roles of the personnel selected for interview will depend upon the size of the practice, its type and its structure. Conscious of the operational requirements, the Assessor will fix the times of interview for the convenience of those concerned. When this is not possible, the Assessor will agree replacements for personnel who are, for operational reasons, unavailable for interview. All interviews will be informal and confidential.
In addition to this, the Assessor will identify a selection of case files, both open and closed. The Assessor will question the relevant fee earner about these files to check that all requirements of case management stated are being met. This review will give the fee earner an opportunity to explain how the procedures are working.
At the end of the assessment the Assessor will inform the practice of his/her recommendation and prepare their formal report confirming the findings.
There are four potential outcomes:
- The Assessor requires documentary evidence of corrective action within 21 days of the assessment before a recommendation for certification can be made.
- A revisit to check corrective action is required within three months of the asessment before a recommendation for certification can be made.
- Certification premature, further full assessment is required and an indication of an appropriate and relevant timescale will be given.
- Award/Continue certification
Following the initial assessment, The Law Society will issue a certificate to confirm that the practice is meeting the requirements of Lexcel. The certificate is valid for three years and is subject to annual maintenance visits to ensure that the standards are still being maintained. A full re-assessment is carried out after three years.
It is important to note that although the Assessor is working to specific guidance as set out by The Law Society, their role is to support and encourage the practice to continue to develop, and to highlight and share areas of good practice.
