Legal Services Flashcards
What are the six reserved legal activities?
1) The exercise of the right to audience (calling a witness for cross-examination)
2) The conduct of litigation (issuing proceedings)
3) Reserved instrument activities (preparing or lodging a formal legal document relating to proceedings)
4) Probate activities (preparing grant of probate papers, letter of administration papers)
5) Notarial Activities (certifying/authenticating formal documents)
6) The administration of oaths (swearing in documents)
What is the relevance of reserved legal activities?
Anyone individual/firm offering to carry out a reserved legal activity must be AUTHORISED to do so.
Carrying out a reserved legal activity without authorisation is a criminal offence.
What is the Legal Services Board and who/what does it oversee?
LSB is the body that is responsible for overseeing all lawyers in England and Wales.
It provides a list of approved regulators who regulate the different legal service sectors (SRA for solicitors)
When is a solicitor deemed ‘authorised’ to carry out reserved legal activities?
- They have been admitted as a solicitor
- Their name is on the roll
- They have a practising certificate
What are the nine protected characteristics under the Equality Act 2010?
1) Race
2) Religion
3) Gender
4) Sexual Orientation
5) Disability
6) Gender Reassignment
7) Age
8) Marital Status
9) Pregnancy
What is prohibited conduct under the Equality Act 2010?
1) Direct Discrimination - no defence except for age.
2) Indirect Discrimination - pregnancy discrimination cannot be indirect.
3) Disability Discrimination