Legal Services Flashcards
Regulated Providers of Legal Services (6)
- Solicitors Regulation Authority
- Bar Standards Board
- CILEx
- Intellectual Property Regulation Board
- Council of Licenced Conveyancers
- Master of the Faculties
Reserved Legal Activities (6)
- Right of Audience
- Conduct of Litigation
- Reserved Instrument Activities
- Probate Activities
- Notarial Activities
- Administration of Oaths
Exemption to Reserved Legal Activities
Litigant in Person
Minimum Level of Indemnity Insurance
£3 Million
Requirement for Professional Indemnity Insurance (2)
- Adequate
- Appropriate
Freelance Solicitor Professional Indemnity Insurance Requirements (2)
- No reserved legal activity, no insurance requirement
- If reserved legal activity, adequate and appropriate coverage (not £3 mil)
Non-Commercial Organisation Solicitor Requirement
- Charity or organisation must have appropriate and adequate cover
Funding of Non-Litigation Matters (2)
- Private Funding/Private Retainer
- Fixed Fee Basis
Funding of Litigation Matters (7)
- Private Funding
- Conditional Fee Agreement
- Damages Based Agreement
- Third Party Funding
- Legal Expenses Insurance
- Union Funding
- Legal Aid
Conditional Fee Agreement Rules (4)
- Hours + Success Fee
- If lost, disbursement only
- Cannot exceed 100% of normal fees
- Cannot be used in family proceedings
Damages Based Agreement Rules (4)
- Costs as a percentage of winnings
- If lost, solicitor not entitled to any fee or repayment of disbursements
- Legal costs can be no more than 50%
- No more than 25% in personal injury case
After the Event Insurance Rules (2)
- Will not cover client’s solicitor fees
- Taken for Conditional Fee or Damages Based Agreement
Legal Aid in Civil Context Test (2)
- Financial Eligibility Test
- Good Prospects of Success
Legal Aid in Criminal Context Test (2)
- Means Test
- Interest of Justice
Equality Act 2010 Protected Characteristics (9)
- Age
- Disability
- Gender Reassignment
- Marriages and Civil Partnerships
- Pregnancy and Maternity
- Race
- Religion or Belief
- Sex
- Sexual Orientation
Direct Discrimination by Association
Person can be discriminated against because of their association with a person who has a protected characteristics
Exception to Direct Discrimination (2)
- Age or Disability
- Proportionate means of achieving the legitimate aim
Exception to Indirect Discrimination (2)
- Proportionate means of achieving a legitimate aim
- Does not have to be public policy reason
Stages of Money Laundering (3)
- Placement
- Layering
- Integration
Concealing Rules (2)
- Know or Suspect
- Defence: Authorised Disclosure before the transaction occurs
Arrangement Rules (3)
- Know or suspect
- Exception: Ordinary Litigation
- Defences: Authorised Disclosure
Acquisition (2)
- Know or suspect
- Defences: Authorised Disclosure, Privileged Excuses, Adequate Consideration
Defences for Failing to Report (2)
- Privilege
- Lack of Training
Tipping Off Key Features (3)
- Disclosing investigation to offender or third person
- Direct or indirect disclosures
- Can arise from delays in the process
Tipping Off Exceptions (2)
- Normal Enquiries
- Standard terms about AML obligations in engagement letter
Tipping Off Defences (3)
- Permitted Disclosures
- Additional Permitted Disclosures
- Disclosures made to dissuade
Defences to Prejudicing an Investigation (2)
- Person did not know or suspect
- Disclosures for legal proceedings
Regulations policies and procedures (4)
- Appoint MLRO
- Customer Due Diligence
- Systems and Procedures to Forestall
- Training
FSMA Regulated Activity (6)
- Insurance Contracts
- Shares in a Company
- Debentures or Bonds
- Mortgage Contract
- Pension Schemes
- Funeral Plans
FSMA Exclusions (5)
- Takeover
- Acting as a trustee, nominee, personal representative
- Acting through authorised persons
- Introducing authorised persons
- Providing incidental activities
Insurance
Exclusions not available