Legal Services

Question 1

In which situations is Civil Legal Aid available?

Answer 1

Civil Legal Aid is available in specific situations, such as for housing disputes, family issues, or debt problems.

Question 2

What is direct discrimination?

Answer 2

Treating one person less favourably than another because of a protected characteristic.

Question 3

What is indirect discrimination?

Answer 3

When a neutral-seeming policy or provision disadvantages individuals with a protected characteristic compared to those without.

Question 4

What are reserved instrument activities?

Answer 4

Activities like preparing instruments related to real or personal estate, including contracts for land sales, which only authorised individuals can perform under Legal Services Board regulation.

Question 5

What requirement often comes with before-the-event insurance?

Answer 5

The insured party must use a solicitor designated by the insurer.

Question 6

When is a solicitor not carrying on a regulated activity?

Answer 6

When the activity is not conducted ‘in the ordinary course of business.’

Question 7

What costs does a client pay if unsuccessful in a conditional fee agreement?

Answer 7

The client is not required to pay their solicitor’s legal costs but must pay the other side’s costs, disbursements, and their own disbursements.

Question 8

When does disclosing a suspicious activity report become ‘tipping off’?

Answer 8

Only if the disclosure has the potential to prejudice an investigation.

Question 9

What are the three stages of money laundering?

Answer 9

Placement: Introducing money into the financial system.

Layering: Losing the audit trail.

Integration: Giving the money the appearance of legitimacy.

Question 10

What conditions must a freelance solicitor meet to carry out reserved legal activities?

Answer 10

Have three years’ post-qualification experience.

Maintain adequate and appropriate insurance.

Not hold client money.

Notify the SRA of their freelance status.

Question 11

Who can prepare contracts for the purchase of land?

Answer 11

Only individuals authorised by a Legal Services Board regulator.

Question 12

What is the concealment offence in relation to money laundering?

Answer 12

It involves concealing, disguising, or converting proceeds of crime.

Question 13

When can’t the solicitor rely on the acting through authorised persons exclusion?

Answer 13

The exclusion is not available if the solicitor received payment from the authorised person

Question 14

Which activities are excluded from Regulated Activities Order?

Answer 14

1. Safeguarding investments as a trustee/personal representative
2. Re take over of a company
3. Introducing a client to an authorised person by FCA to five financial advice
4. When acting as PR, advising the estate on merits of holding/selling shares to pay beneficiaries

Question 15

What activities are not considered specified investments?

Answer 15

1. Land 2. Premium bonds 3. National Savings Products

Question 16

Which Reserved legal activities are there?

Answer 16

1. Litigation
2. Court Appearence
3. Probate Docs
4. Notarial
5. Oaths
6. Land transfer and charges

Question 17

For which costs a Third-Party funding pays?

Answer 17

Costs + Disbursments (but not other party’s costs if case is lost)

Question 18

What is the Merits Test under criminal legal aid?

Answer 18

The “Interest of Justice” test that includes the ability of the defendant to lose their job if found guilty and to represent themselves

Question 19

What are direct offences under the POCA 2002?

Answer 19

1. Concealing
2. Arranging
3. Using, Possessing, Acquiring

Question 20

What is the test for the direct offences?

Answer 20

Subjective - Knew or suspected

Question 21

What are indirect offences under the POCA 2002?

Answer 21

1. Tipping off
2. Prejudice of investigation
3. Failure to report (objective test)

Question 22

How is the offence of arranging committed?

Answer 22

If the solicitor knows or suspects they are facilitating acqquisition, retention, use or control of criminal property

Question 23

What is a defence to the offence of Using, Possessing, Acquiring?

Answer 23

Taking property by the solicitor in good faith for adequate consideration

Question 24

What activities are not regulated by the FSMA?

Answer 24

1. Safeguarding investments as a trustee
2. Adivising over taking control of a company
3. Introducing a coent to a person authorised to give financial advice
4. acting as an estate PR and advising on merits re shareholdings in order to pay the estate’s beneficiaries for no additional compensation

Question 25

Which activity will not be excluded from regulated activities evein if it is reasonably necessary as part of the services?

Answer 25

Insurance Policies, unless exempt due to incidental activity to the legal advice.

Question 26

..