ch 1 - reserved legal activities and LSB Flashcards
who can provide reserved legal activities
need to be authorised and subject to regulation by relevant regulator or exempt
Who is the approved regulator for solicitors and who is regulatory function carried out by
Law Society
SRA
exemptions - rights of audience if court grants it then exempt.
Probate activities how are you exempt?
exemption allows an employee to act under supervision of an authorised person
are authorised persons subject to regulatory requirements of their own regulator for all the legal services they provide including those outside reserved legal activities?
yes
An authorised provider is subject to regulation by their own regulator in respect of all legal services they provide not just the ones within definition of reserved legal activities.
carry out reserved legal activity not authorised or exempt - punishment?
up to 2 years jail. right of audience and conduct of litigation - contempt of court.
who regulates solicitors?
SRA - SRA can’t authorise an individual to carry out notarial activities
who regulates barristers and what reserved activity id not authorised
Bar Standards Board, all reserved activities authorised except notorial activies (certifying and authenticating documents).
who regulates chartered legal executives
CILeX Regulation - authorise all except notarial.
who regulates licensed conveyancors and which activities are authorised
Council for Licensed Conveyancers - reserved instrument activities, probate and administration of oaths.
who authorises patent attorneys and trade mark attorneys and which are not authorised
Intellectual Property Regulation Board - all except probate and notarial.
who authorises cost lawyers and which activities authorised
Costs Lawyers Standards Boards - authorised rights of audience, conduct litigation and administer oaths
who authorises notaries and which are they not authorised for?
Master of Faculties. Not authorised for reserved legal activities of rights of audience and conducting litigation. Only the Master of Faculties can authorise notarial activities.
who authorises Chartered a/c and what are they authorised for?
Charted A/C Insititute in E and W to carry out probate activities.
can an individual be regulated and work for a firm regulated by another
yes eg barrister regulated by Bar Standards Board and firm authorised by SRA
Is providers’ work which falls outside the Legal Services Act still subject to specific statutory legislation?
Yes
Claims management companies, FCA. Immigration advisors - Office of Imm Services Commissioners. Insolvency practice - Insolvency Practitioners Associationn.
