Chapter 5: The regulation of Legal Services Flashcards
definition of reserved legal activities
only done by those authorised or exempt form requiring authorisation
what are the 6 reserved legal activities
exercise of rights of audience
conduct of litigation
reserved instrument activities - preparing/ submitting legal docs
probate activities
notarial activities
administering an oath
What are 4 documents which are not reserved legal activities
wills/ testamentary documents
drafting agreements NOT intended to be a deed
drafting letter
power of attorney
is giving legal advice reserved activity?
no
who gives authorisation for reserved legal activities?
the regulator
what are the 3 exemptions where a profesional is not subject to regulation rules
If a person has been granted a specific right e.g by a court who have statuary power to do so.
A person is party to the proceedings
Acting as a McKenzie friend
The general rule for solicitors carrying out reserved legal activities?
Certificates are PERSONAL for solicitors to carry out all reserved legal actives. But usually reserved actives are carried out through an authorised body e.g law firm.
what are the 3 exceptions to the general rule
freelance solicitors
in house solicitors
non-profit organisations
when do freelance solicitors not need to be a recognised sole practice?
only doing NON RESERVED activities
reserved activities through an AUTHORISED BODY
Who can / can’t in house solicitors carry out reserved legal services for?
can for employers
cannot for general public
when can non-profit organisation lawyers carry out reserved legal activities?
on behalf of the organisation to the public
what are the 4 requirements for a solicitor to practice under S1
Admitted to profession (education, training, character)
Added to the roll
Obtain practicing certificate (offer legal services - except notarial activities, renewed annually)
Authorised to practice as a solicitor (SRA)
what are the 3 categories authorised firms?
recognised bodies
licensed bodies
recognised sole practice
what is a recognised body?
Managers and interest holders are legally qualified
Partnerships
LLPs
what is a licensed body?
Non- lawyers own and manage
Alternative business structure
Can apply for auth
1 manager authorised by SRA / other regulator
what is a recognised sole practice?
solicitors working alone
Must be authorised by SRA
ONLY for reserved legal activities
what are the 7 SRA principles
- Upholds constitutional principle of the rule of law, proper administration of justice
- Upholds public trust and confidence in solicitors and legal services provided by authorised people
- Independence
- Honesty
- Integrity
- Encourages equality, diversity and inclusion
- In the best interest of each client
what are the regulatory objectives for regulatory bodies?
protect/ promote public interest
Support const principle of rule of law
Improve access to justice
Protect and promote interests of consumers
Promote competition
Encourage independent, strong, divers and effective legal profession
Increase public understanding of the citizen’s legal rights and duties
Promote and maintain adherence to professional principles
what kind of regulation does the SRA use
risk based regulation
what is risk based regulation?
assesses risks on the likely impact of a risk materialising and the probability of the risk happening.
what is professional indemnity insurance?
Client suffers loss/ damage from breach of solicitor professional damage and brings civil claim. PII covers payment of liabilities if claims succeed.
what are MTCs
with minimum terms and conditions for PII cover
what must each firm determine for PII coverage?
adequate and appropriate
what factors are looked at to see if PII is adequate/ appropriate?
nature of work, number/ type of clients, value of claims, history of claims, alternative arrangements. COMPLEXITY/ COSTS/ FIRM RESOURCES/ EXPOSURE TO RISK.
what PII amount must firms have?
£3m for any 1 claim. £2m for all other cases.
