Legal Services Act 2007 Flashcards

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1
Q

This Act was passed following what report?

A

the Clementi Report

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2
Q

What did the Legal Services Act 2007 set up? (2)

A
  • the Legal Service Board

- Office for Legal Complaints

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3
Q

What was the role of the Legal Service Board?

A

to have an independent oversight of all the legal professions

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4
Q

What was the job of the Office for Legal Complaints?

A

to deal with complaints against any of the legal professions

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5
Q

What does the Legal Service Board consist of?

A

a Chairman and 7-10 members appointed by the Secretary of State

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6
Q

Who appoints the 7-10 members of the Legal Service Board?

A

the Secretary of State

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7
Q

Who’s work does the Legal Service Board oversee?

A
  • the Solicitors’ Regulatory Authority who regulates solicitors
  • the Bar Standards Board who regulates for barristers
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8
Q

Who must the
Solicitors Regulatory Authority and the Bar Standards Board have to recieve approval from before making major changes to the Codes of Conduct?

A

the Legal Services Board

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9
Q

What has the Office for Legal Complaints set up?

A

the Legal Ombudsman

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10
Q

What has the Office for Legal Complaints set up the Legal Ombudsman to do?

A

to perform the day-to-day handling of complaints

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11
Q

When did the work of the Legal Ombudsman begin?

A

October 2010

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12
Q

What is the aim of the Office for Legal Complaints?

A

to simplify the complaints procedure structure for consumers

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13
Q

Before the Legal Services Act 2007 what were the 4 restrictions on the types of business structures in the legal profession?

A
  • barriters and solicitors could not operate from the same business
  • lawyers were not allowed to enter into partnerships with non-lawyers
  • non-laywers could not be involved in the ownership or management of legal business
  • legal practises could not operate as a companies
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14
Q

How did the Legal Services Act 2007 change the restrictions on the types of business structures in the legal profession?

A

allowed

  • legal businesses to include lawyers and non-lawyers
  • legal businesses to include barristers and solicitors
  • non-lawyers to own legal businesses
  • legal businesses to operate as companies
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15
Q

From what year have solicitors been allowed to form Legal Disciplinary Practices (LDP’s)?

A

2009

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16
Q

In a Legal Disciplinary Practice, what % of patterns can be non-lawyers?

A

up to 25%

17
Q

In what year were the working practises for barristers changed so that they can be managers or work in LPD’s?

A

2010

18
Q

From what date have Alternative Business Structures been allowed?

A

Since October 2011

19
Q

Who can own the Alternative Business Structures?

A

non-lawyers

20
Q

What does it mean when non-lawyers can own an Alternative Business Structure?

A

major companies such as Tesco could own an ABS

21
Q

What must be considered when such a license to own an Alternative Business Structure is given?

A

Access to Justice

22
Q

Why must Access to Justice be considered when a license is applied for to own an Alternative Business Structure?

A

In order to prevent commercial businesses choosing only the most profitable areas of law and possibly leaving an areas without lawyers to do the less profitable types of law

23
Q

When were the first 3 licenses to own an Alternative Business Structure, given?

A

April 2012

24
Q

Out of the 3 licenses to own an Alternative Business Structure in April 2012, how many were given to ‘high-street’ solicitors who wished to bring a non-lawyer practise manager to their practises?

A

2

25
Q

Who was the first ‘big name’ to be given an Alternative Business Structure license?

A

Co-opeartive Society

26
Q

What group shows how solicitors and barristers an work together now in an ABS?

A

the Artesian Law

27
Q

What is the composition of the Artesian Law group ?

A
  • 6 of the partners are barristers
  • one is a solicitor
  • intend to have a non-lawyer practice manager
28
Q

What work can the Artesian Law group do? (3)

A
  • advocacy in court
  • solicitors work in litigation
  • bid for legal aid contracts