C1/7: Organisation/Regulatory Frameworks Flashcards
How do conveyancing and probate practice areas overlap?
There are common themes and technical aspects that appear in both conveyancing and probate work. Conveyancers in a law firm with a Probate department often work on selling the houses that their Probate colleagues are dealing with. The Council for Licensed Conveyancers (CLC) regulates specialist conveyancing and probate lawyers
What is the purpose and role of CILEX and its relevance to practice?
Representative body for Chartered Legal Executives
Conveyancers and probate lawyers can be from CILEX
What is the purpose and role of The Law Society and its relevance to practice?
Professional body for Solicitors in Eng and Wales
Practice guides for Probate and Property work. INcluding Conveyancing Protocol, TA forms and Conveyancing Quality Scheme
What is the purpose and role of Council for Licensed Conveyancers and its relevance to practice?
Regulates specialist probate and conveyancing lawyers
CLC Code of Conduct
What is the purpose and role of Probate Registry and its relevance to practice?
Part of High Court, issue grants for Probate
Confirm that the initial stages of probate have been carried out correctly such that they can issue the appropriate grant to the personal representatives.
What is the purpose and role of HMLR and its relevance to practice?
Registers land ownership in England and Wales
Land Registration Act2002 and Land Registration Rules 2003
What is the purpose and role of Mortgage lenders and its relevance to practice?
Lends money to purchase a house
UK Mortgage Finance Lenders’ Handbook and the Building Societies Association instructions
What is the purpose and role of Society of Trust and Estate Practitioners (STEP) and its relevance to practice?
Professional association for those advising families planning their assets
STEP Standard Provisions for Wills and STEP Standard Provisions (2nd edition)
What elements make up the CILEX Code of Conduct?
R - Rule of law
P - professional conduct/public trust
Hi - honesty/integrity
R - regulators/ombudsman
C - confidentiality
F - Fairness
R - risk
M - protect money and assets
- Uphold the rule of law and the impartial administration of justice.
- Maintain high standards of professional and personal conduct and justify public trust in you, your profession and the provision of legal services.
- Behave with honesty and integrity.
- Comply with your legal and regulatory obligations and deal with your regulators and ombudsmen openly, promptly and co-operatively.
- Act competently in the best interests of your client and respect client confidentiality.
- Treat everyone fairly and without prejudice.
- Ensure your independence is not compromised.
- Act effectively and in accordance with proper governance and sound financial and risk management principles.
- Protect client money and assets.
What elements make up the SRA Standards & Regulations?
You act:
1. in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice.
2. in a way that upholds public trust and confidence in the solicitors’ profession and in legal services provided by authorised persons.
3. with independence.
4. with honesty.
5. with integrity.
6. in a way that encourages equality, diversity and inclusion.
7. in the best interests of each client.
Which number of the CILEX and SRA Codes of Conduct relate to Confidentiality?
CILEX: 5. Act competently in the best interests of your client and respect client confidentiality.
SRA: 6.3-6.5 Confidentiality and disclose
Which number of the CILEX and SRA Codes of Conduct relate to Conflicts of interest?
CILEX: 7. Ensure your independence is not compromised.
SRA: 6.1-6.2 Conflict of interest
Which number of the CILEX and SRA Codes of Conduct relate to Client Care and costs?
CILEX: 5. Act competently in the best interests of your client and respect client confidentiality.
SRA: 8.6-8.11: Client information and publicity
What is a contract race?
A contract race, as understood for professional conduct purposes, comes about whenever a seller intends to deal with more than one prospective buyer, or where contract papers are issued to more than one prospective buyer. It is only fair that all prospective buyers are informed of a seller’s intention to deal with more than one buyer so that each can make a decision as to whether or not to continue incurring costs in an attempt to acquire the property.
What is an “undertaking”? How do these arise in the conveyancing process?
An undertaking is a professionally binding promise, which could amount to professional misconduct if there is failure to comply, e.g. ‘Yes, I will send that document to you.’, instead of checking if the document is confidential, ‘Let me check to see whether we are able to send that document to you’.
Undertakings in the conveyancing process come up when the seller’s conveyancer gives an undertaking to redeem the listed mortgages to the buyer’s conveyancer.
