FLK1 Legal Regulation Flashcards
can a client who’s not affected by disability or a failure to make adjustments by the law firm bring a claim?
no. a law firm has a duty to make reasonable adjustments but only someone affected by the failure can bring a claim.
what does the duty to make reasonable adjustments require the firm to do?
anticipate the possibility of a wheelchair user using their services.
do solicitors have to purchase adequate and appropriate indemnity insurance for themselves?
or does the firm have to buy it?
not solicitors, the firm must have adequate and appropriate indemnity insurance.
for a solicitor to undertake RLAs, what do they need? (2 things)
adequate and appropriate indemnity insurance + practising certificate.
if a legal service provider refuses to act for a disabled client because their firm has no meeting room on the ground floor and there’s no lift, have they discriminated against them?
yes. because the provider is required to anticipate the possibility of disabled people using its services + make reasonable adjustments.
does the duty to make reasonable adjustments apply to specific clients or all potential clients?
all potential clients.
as a recognised sole practice, what is the cover required under the minimum terms + conditions?
£2 million. cover needs to be in excess of the minimum terms and conditions for high value cases.
does the ability to limit liability below this sum only apply to freelance solicitors?
yes, only freelance solicitors.
does having indemnity insurance absolve a solicitor from liability of negligence?
no, it does not.
is an NQ freelance solicitor able to conduct litigation (file court docs) for a client if they have less than adequate insurance?
no, they need:
1. 3 yrs of practice since admission
2. carry adequate and appropriate indemnity insurance.
are barristers protected from unlawful discriminatory treatment by solicitors?
yes, this is the law - s47 EA 2010.
an employer has applied a new condition to the workplace that has potentially disadvantaged persons of one gender more than another.
is this prohibited conduct/indirect discrimination?
yes, this is based on the case of London Underground v Edwards (1986).
do comments made outside the workplace or provision of legal services amount to discrimination?
no, but they are likely to breach the rules of professional conduct.
can an employer hire someone with a protected characteristic for the reason of hiring them because of a protected characteristic?
s159 EA 2010 allows employers, when deciding between two equally qualified candidates, to choose a candidate from an under-represented or disadvantaged group, so long as the employer reasonably thinks that people with a particular protected characteristic are disproportionately under-represented in the workplace.
