Legal Services Flashcards
what are the reserved legal activities
conduct of litigation
preparing court documents
administering an oath
Can a person acting on their own behalf carry out legal activities?
Yes
When does a freelance solicitor need professional indemnity insurance?
if they are carrying out a reserved legal activity
What is a conditional fee agreement (if success)?
standard time costs + success fee expressed as a % of the standard time costs
What is a conditional fee agreement (if no success)?
Solicitor is not entitled to any costs
Max. success fee in a conditional fee agreement is
100%
What is a damages based agreement (if success)?
Solicitor is entitled to a % of the client’s recovery
Defendant will pay the solicitor’s standard costs and disbursements during litigation
What is a damages based agreement (if no success)?
solicitor gets nothing
What is the max. % in a damages based agreement
50% in general
25% in PI cases
What is third party funding (if success)?
third-party funder will recover an agreed fee paid out of the recovery
What is third party funding (if no success)?
Third party funder is not entitled to recover anything
What is after the event insurance?
insurance pays the disbursement of the client and the other party’s costs if the client loses
What are the tests for a civil legal aid?
Financial needs test
Merits test - good prospects of success
What is a merit’s test for civil legal aid?
Good prospects of success
What are the tests for a criminal legal aid
means test
merits test - interest of justice
What is a merit’s test for criminal legal aid
interest of justice
Who is automatically qualified under the means test in criminal legal aid cases?
under 18
people receiving job seekers allowance or universal credit
What is indirect discrimination under the Equality Act 2010
Conduct which appears neutral but negatively impacts those with a protected characteristic
Direct discrimination defence is available if…
the discrimination is based on age or disability
How can you justify direct discrimination in special exceptions?
the action must be proportionate means of achieving a legitimate aim
What is the defence for the offence of acquisition, use, or possession
good faith
adequate consideration
who receives suspicious activity reports?
Money Laundering Reporting Officer MLRO
OR
The National Crime Agency NCA
What is a solicitors defence for not filling an SAR under POCA?
Lack of training
Firms/solicitors must exercise due diligence in cases where the client proposes to enter a transaction amounting to …. or more
15,000 Euros
