Legal Services - FLK1 Flashcards

1
Q

What is the definition of legal services

A

All manner of advice, assistance and representation relating to the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What types of scenarios does legal services cover

A
  1. Representation before the Supreme Court
  2. Completion of an online court form
  3. Negotiation of a multi-million pound contract
  4. Writing a will etc
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Give an example of a situation where it can be difficult to identify a legal service

A

Provision of online information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Name the 5 different ways legal services are provided

A
  1. Technology, ie case management systems
  2. Gather information or carry out online triage
    3.Online document preparation
  3. Online predictive case outcomes
  4. Contract management
  5. Dispute resolution
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the role of a regulator

A

To protect the public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Those who provide services to the public in the UK are not subject to regulation. True or false?

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are some of the things that a regulator does

A
  1. Set standards for the delivery of a service
  2. Set pricing levels
  3. Deal with complaints from members of the public
  4. Have oversight of the qualification / training of individuals delivering service
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What legislation covers the regulation of legal services in England?

A

Legal Services Act 2007

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How do you differentiate between “reserved legal activities” and those which are not

A

Under the Act, reserved legal activities are subject of regulation & they are authorised whilst the latter is not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Why is the concept of reserved legal activities risk based?

A

They comprise those types of legal work where the risk to the public is the greatest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Reserved legal activities is only preserved for solicitors and barristers. True or false?

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What section of the LSA 2007 sets out the 6 types of reserved legal activities?

A

Section 12

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the 6 types of reserved legal activities

A
  1. Exercise of right of audience
  2. Conduct of litigation
  3. Reserved instrument activities
  4. Probate activities
  5. Notarial activities
  6. Administration of oaths
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does it mean by exercising a right of audience

A

Right to appear before and address a court, the right to call a witness and the right to examine a witness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does conduct of litigation mean (3 things)

A
  1. issuing proceedings before a court
  2. commencing, prosecuting and defending proceedings
  3. performing ancillary functions in relation to proceedings, eg entering appearances
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are 4 reserved instrument activities

A
  1. Preparing and lodging an instrument (legal document)
  2. Dealing with the transfer or charge of land
  3. Relating to real or personal estate
  4. Relating to court proceedings
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is a probate activity

A

Preparing probate papers (docs needed to grant of probate or grant of letters of administration or docs to oppose such a grant)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is a notarial activity

A

Certifying and authenticating documents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is an administration of oath

A

The power to administer an oath

Eg, when a document, such as an affidavit, is required to be sworn

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Under what section of the LSA 2007 can reserved legal activities only be carried out by those who are authorised or exempt

A

Section 13

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Under what section of the LSA 2007 must a person be authorised to carry out a particular reserved legal activity by a relevant approved regulator

A

Section 18

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Who is the approved regulator for solicitors per LSA 2007

A

The Law Society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Who carries out the regulatory function for solicitors in practice

A

SRA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

SRA deals with authorisation for all reserved legal activities except notarial activities. True or false?

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What section of LRA 2007 lists the circumstances in which a person is exempt for each of the reserved legal activities

A

Section 19

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Give some examples of when a person is exempt from reserved legal activities

A
  1. rights of audience - a person will be exempt if court grants that person a right of audience
  2. probate - exemption allows an employee to act under an authorised person
  3. charities and trade unions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is the Legal Services Board (LSB) responsible for

A

Overseeing the regulation of all lawyers in England and Wales. it was created by LSA 2007

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Name two statutory responsibilities of the LSB

A
  1. To ensure standards of regulation
  2. To oversee and coordinate the regulation of legal services
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Name 8 objectives of the LSB per s.1 LSA 2007

A
  1. protect and promotor public interest
  2. support constitutional principles of rule of law
  3. improve access to justice
  4. protect & promote interest of consumers
  5. promote competition
  6. encourage strong, independent, diverse & effective legal profession
  7. increase public understanding of legal rights and duties
  8. promote integrity, best interests of the client and client confidentiality
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

How does the LSB monitor individual regulators (4 ways)

A
  1. monitor how they operate and exercise control over them
  2. make recommendations for improvement
  3. impose penalties for deficiencies
  4. withdraw approval
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What 4 types of matters must regulated individuals comply with

A
  1. Education and training requirements
  2. Code of conduct
  3. Framework to practice
  4. Provision for disciplinary and enforcement action
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

The various providers of legal services don’t need to be subject to regulation approved by LSB. True or false

A

False - each approved regulator is linked to a particular profession or specialisation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Who regulates the work of solicitors

A

SRA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What does a barrister do

A

Advocates in the criminal and civil courts and provide expert legal advice and documentation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Can barristers be instructed directly by clients or through solicitors

A

Directly through clients

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Who is the approved regulator for barristers

A

Bar Standards Board

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What types of reserved legal activities can a barrister do

A

Everything apart from notarial activities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What does a chartered legal executive

A
  1. Draft documents, prepare cases etc and often specialise in a particular area of law
  2. Can’t work independently so work under a solicitor in a firm
  3. Can be involved in ownership of firm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Who is the approved regulator for chartered legal executives

A

CILex

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

What type of reserved legal activities can chartered legal executives do

A

Everything apart from notarial activities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What does a licenced conveyancer do

A

Deal with property transactions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Who is the approved regulator for licenced conveyancers

A

Council for Licenced Conveyancers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What type of reserved legal activities can a licenced conveyancer do

A

Reserved instrument activities, probate activities and administration of oaths

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

What is does a patent attorney do

A

Specalise in intellectual property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

What reserved legal activities can a patent attorney do

A

Everything apart from probate and notarial activities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Who regulates patent attorneys

A

Intellectual Property Regulation Board

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

What is a trade mark attorney

A

Specialise in trade mark law and practice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Who regulates trade mark attorneys

A

Intellectual Property Regulation Board

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What types of reserved legal activities can trade mark attorneys do

A

Everything apart from probate and notarial activities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

What is a cost lawyer

A

Specialist in legal fees and costs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Who is the approved regulator for costs lawyers

A

Costs Lawyers Standards Board

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

What reserved legal activities can costs lawyers do

A

Exercise rights of audience, conduct litigation and administer oaths

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

What does a notary do

A
  1. Authenticate and certify signatures and documents
  2. Deal with POA, bills of exchange and docs dealing with foreign property & international finance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Who is the approved regulator for notaries

A

Master of the Faculties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

What types of reserved legal activities can notaries do

A

Everything except rights of audience and conducting litigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Sometimes there might be a regulatory overlap where the individual works in a law firm, true or false

A

True. For example, a barrister might work in a law firm where the barrister is regulated by BSB and the firm is authorised by SRA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Name 3 examples of providers that carry out work that falls outside LSA 2007

A
  1. Claims management companies
  2. Immigration advisers
  3. Insolvency practitioners
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Name 3 examples of legal services that are not subject of regulation

A
  1. will writing
  2. family law advice
  3. employment law advice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Why might a firm decide to operate unregulated

A

To maximise profits and provide low quality service, plus they might mimic their own type of regulation in terms of code of conduct etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

When and how was SRA established

A

By the Law Society in 2007 to separate its regulatory and representative function

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

What does the SRA do

A

Protects the public by ensuring that solicitors meet high standards and by acting when risks are identified

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

How many members comprise the SRA

A

5 Solicitors and 6 lay members so 11 in total

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

Where is the headquarters of SRA

A

The Cube, Birmingham

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

What are the 8 principles that govern SRA

A
  1. upholding constitutional principle of rule of law and proper administration of justice
  2. upholding public trust and confidence
  3. independence
  4. honesty
  5. integrity
  6. encouraging equality, diversity and inclusion
  7. best interests of each client
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

Name 4 functions of SRA

A
  1. controls training and admission to the profession
  2. sets standards for ethical and professional behaviour
  3. frames rules for handling of client money
  4. take enforcement action where appropriate
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

The SRA is an approved regulator under LSA and can authorise firms and solicitors to carry out reserved legal activities. True or false

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

Does the LSB oversee the SRA

A

Yes. SRA must meet all 8 objectives of the LSB

66
Q

What is the purpose of regulation according to the SRA

A
  1. To protect consumers of legal services
  2. support the operation of the rule of law and proper administration of justice
67
Q

Why does the SRA take a risk-based approach to regulation

A
  1. To meet the LSB’s objectives
  2. To focus on misconduct that will most likely harm the public interest
  3. To target resources where the risk is the greatest
68
Q

What do we mean by risk when referring to harm to the public interest

A

Combination of a certain event / potential harm and the probability that the event will occur

69
Q

Name some examples of risk in the delivery of legal services

A
  1. the way a firm is structured and its viability
  2. a firm / individual being involved in fraud or dishonesty
  3. people, systems and internal processes of a firm
  4. individuals lacking the skills, knowledge or behaviours
  5. the way the legal market operates
  6. economic, political or legal change
70
Q

How does the SRA identify a risk

A

By looking at a particular situation based on the range of information it holds, receives or can gather about those it regulates, eg a firm that receives alot of complaints

71
Q

What are the different measures that the SRA can use to address issues or reduce risk

A
  1. Set standards
  2. Impose fines
  3. Issue warning notices
  4. Raise customer awareness
72
Q

What does the SRA publish each year to reduce risk

A

Risk Outlook. This helps to keep the SRA proactive in addressing issues before they become problems

73
Q

What does para 2.5 of the SRA Code of Conduct say

A

Firms should identify, monitor and manage all material risks to the business

74
Q

Name 3 types of businesses that are eligible for authorisation by SRA

A
  1. Recognised sole pratice
  2. Recognised body
  3. Licensed body
75
Q

What is a recognised ‘legal services body’

A

Where at least 75% of the shares and body’s managers are legally qualified. At least 1 manager must be a solicitor

76
Q

What are the 3 types of recognised legal services body

A
  1. Partnership
  2. LLP
  3. Company
77
Q

What is an alternative business structure (ABS)

A

Operate like a law firm but the ownership, control or management of ABS is not wholly in the hands of individuals who are legally qualified

78
Q

How does a body become eligible to apply for authorisation as a licensed body

A
  1. Must be at least 1 manager who is authorised by SRA (eg solicitor) / another approved regulator
  2. Has to be a licensed body
79
Q

In what circumstances will a body be a “licensed body”

A
  1. non-authorised person is a manager of the body; OR
  2. is an interest holder of the body, ie at least 10% of voting rights
80
Q

What can a recognised body do once authorised by the SRA

A

All reserved legal activities apart from notarial activities

81
Q

What 2 items of business are a recognised body limited to

A
  1. Professional services like solicitors / lawyers of other jurisdictions
  2. Other professional services in annex 2 of the Rules, eg/ alternative dispute resolution, estate agency and financial services
82
Q

What are the two key roles that a recognised body should have

A
  1. Compliance Officer for Legal Practice (COLP)
  2. Compliance Officer for Finance and Administration (COFA)
83
Q

How does a firm get authorisation to carry out reserved legal activities

A

Have to apply to SRA for authorisation

84
Q

What are the SRA’s 4 key outcomes when going through the authorisation process

A
  1. clients / public confident that legal services to be delivered at requisitie standard
  2. to promote public confidence in legal services
  3. those who own & manage law firms should have character & competence to achieve outcomes for clients
  4. individuals should meet SRA’s authorisation criteria
85
Q

Who governs the authorisation of individuals

A

SRA Authorisation of Individuals Regs

86
Q

What are the 3 essentials for a person to be qualified to act as a solicitor

A
  1. to be admitted as a solicitor
  2. name on the roll
  3. certificate issued by Law Society authorising them to practise as a solicitor
87
Q

What happens to a person who practises as a solicitor without a practising certificate

A

Commit criminal offence

88
Q

What does admission mean

A

Individual accepted into profession and name is placed on roll of solicitors with SRA

89
Q

SRA Assessment of Character and Suitability Rules only applies to aspiring solicitors. True or False

A

False. Also apply to COLP and former solicitors seeking restoration to the role

90
Q

What does Part 1 of the ACS Rules cover

A
  1. Considers individual’s character and suitability
  2. Overriding need to protect the public & maintain trust and confidence
  3. Nature of application’s role and individual circumstances
91
Q

What does Part 2 of the ACS Rules cover

A

Conduct / other behaviour SRA will consider when assessing character and suitability, ie criminal conduct or behaviour

92
Q

What can a practising certificate entitle a solicitor to do

A

Carry out reserved legal activities except (1)notarial activities and (2) appearing in higher courts

93
Q

How often must solicitors apply to the SRA to have their practising certificates renewed

A

Each year - due on 31st Oct with a fee payable

94
Q

The SRA may refuse or impose conditions on existing practising certificates based on 4 factors. What are they?

A
  1. Solicitor unsuitable to undertake certain activities / engage in certain business
  2. Solicitor putting interest of clients at risk
  3. Solicitor not complying with SRA’s regulatory arrangements
  4. Solicitor to take steps in line with regulatory objectives
95
Q

What can an individual do to challenge SRA’s decision to refuse or impose conditions on practising certificate

A

Application for review by SRA or appeal to High Court

96
Q

What is a freelance solicitor

A

One who works on their own

97
Q

In what 3 circumstances does a freelance solicitor NOT have to be authorised as a sole practitioner

A
  1. their practice doesn’t fall within remit of reserved legal activities
  2. any reserved legal activities are provided through authorised body
  3. Certain requirements are met (eg, solicitor practised for min 3 years)
98
Q

Where authorisation is not required for a freehold solicitor, do they still need to notify the SRA about their intention to practice?

A

Yes

99
Q

What is an in-house solicitor

A

Provide legal services to a company (not the public) or local authority

100
Q

What is a non-commercial organisation

A
  1. not-for-profit bodies
  2. charities
  3. community interest groups
  4. independent trade unions
101
Q

Do non-commercial organisations need to be authorised by SRA

A

No

102
Q

Why do solicitors need professional indemnity insurance

A

Breach of financial duty giving rise to loss or damage to a 3rd party

103
Q

What does professional indemnity insurance cover

A
  1. civil claims made against a solicitor in the course of their practice
  2. negligence on part of solicitor
  3. legal costs of solicitor defending a claim
  4. client’s legal costs if defence is unsuccessful
104
Q

What happens if indemnity insurer does not accept the claim or amount of cover

A

Solicitor has to cover the shortfall

105
Q

How often are indemnity policies written and renewed

A

Annually

106
Q

What is the central purpose of indemnity insurance

A

To protect the public by ensuring they are not without compensation. Also helps to maintain confidence in the profession

107
Q

What is the requirement for taking out insurance with SRA authorised firm

A
  1. One or more participating insurer regulated by FCA
  2. minimum figure for sum insured
108
Q

What is the required insurance sum for licensed and regulated bodies

A

At least £3 million

109
Q

What happens if a firm cannot effect qualifying insurance at the end of the policy

A

Cover extended for 90 days and firm must advise SRA accordingly. After 30 days, must get new cover otherwise they cannot take on new work. If no cover after 90 days the firm must cease trading

110
Q

SRA requires solicitors to take out and maintain professional indemnity insurance that provides adequate and appropriate cover. Who does this apply to

A
  1. SRA authorised firms
  2. Freelance solicitors
  3. Solicitors in non-commercial organisations
111
Q

What types of matters must solicitors disclose to clients about professional indemnity insurance

A
  1. information about firm’s layer of professional indemnity insurance
  2. freelance solicitors have to tell clients that they aren’t required to meet SRA’s min terms and conditions
  3. information so that clients in a position to make informed decisions about services they need
112
Q

What is the point of the Equality Act 2010

A

So that everyone is treated fairly and to stop discrimination

113
Q

What are the 9 protected characteristics defined in s.4 of 2010 Act

A
  1. Race
  2. Religion and belief
  3. Sex
  4. Sexual orientation
  5. Age
  6. Disability
  7. Gender reassignment
  8. Marriage / civil partnership
  9. Pregnancy and maternity
114
Q

What is the definition of race

A

Colour, nationality or ethnic or national origins

115
Q

What is sexual orientation in section 12

A
  1. Persons of the same sex
  2. Persons of the opposite sex, or
  3. Persons of the same sex and opposite sex
116
Q

What is the definition of disability in section 6

A
  1. physical or mental impairment
  2. impairment has substantial and long term adverse effect on their ability to carry out normal day-to-day activities
117
Q

Why is it that some discrimination cases based on disability fall?

A

Because the term “substantial and long term adverse effect” sets a high threshold

118
Q

What is gender reassignment

A

People who are proposing to undergo / undergoing / have gone through treatment for reassigning their sex. NB - person doesn’t need to be under medical supervision to be covered under the Act

119
Q

Pregnancy and maternity is treated differently as a protected characteristic, why

A

Excluded from some elements of the Act and subject to specific protection

120
Q

What is direct discrimination

A

When a person is treated less favourably than someone else in the same situation due to one of the protected characteristics

121
Q

What are the 3 elements of direct discrimination

A
  1. Comparator
  2. Less favourable
  3. Protected characteristic
122
Q

What is the defence of justification of direct discrimination re age

A

If the treatment was a proportionate way of achieving a legitimate aim

123
Q

Can direct discrimination be defended or justified

A

No, apart from age

124
Q

What is the definition of indirect discrimination per section 19

A

Occurs where conditions are imposed which apply to everyone but prejudice members of a particular group.

125
Q

What is the defence or justification for indirect discrimination

A

The action is a proportionate means of achieving a legitimate aim

126
Q

Will discrimination under pregnancy and maternity fall under direct or indirect discrimination

A

Direct

127
Q

What is the definition of disability discrimination under s15 of the Act

A

To treat a disabled person less favourably not only because of the disability itself but also because of something arising from that disability

128
Q

How do you defend or justify disability discrimination

A

The action is a proportionate means of achieving a legitimate aim

129
Q

What is victimisation per s27 of the 2010 Act

A

A victimises B if A subjects B to detriment because B does a protected act of A believes that B has done, or may, do a protected act

130
Q

What is a protected act in terms of victimisation

A
  1. Bringing proceedings under the Act
  2. Giving evidence / information in proceedings under the Act
  3. Doing anything which is related to provisions under the Act
  4. Making an allegation that another person has done something in breach of the Act
131
Q

What is harassment under 26

A

Where an individual is subjected to an unwanted conduct which could violate the person’s dignity, or creating an intimidating, hostile or degrading environment for the individual

132
Q

What is unwanted conduct in the context of harassment

A
  1. Relating to protected characteristic
  2. Sexual nature
  3. Sexual nature / related to gender reassignment or sex
133
Q

S20 of 2010 Act imposes a duty to make reasonable adjustments for disabled persons. What’s the consequence of not doing so?

A

Discrimination

134
Q

What are the 3 requirements for making reasonable adjustments for disabled persons

A
  1. Provision, criterion or practice
  2. Physical features
  3. Provision of auxiliary aid
135
Q

S29 says it’s unlawful for service providers to do 2 things, what are they

A
  1. to discriminate or victimise by not providing service / terms on which service is provided / refusing to act for a client
  2. Harass the person to whom service is provided
136
Q

S109 of the 2010 Act talks about vicarious liability, what does this mean

A

A firm will be held liable for the actions of an employee as if the employer themselves did it (even without firm knowledge)

137
Q

What is a firm’s defence to vicarious liability

A

By showing they took steps as were reasonable to prevent the act(s) of discrimination

138
Q

s29 says that a service provider should make reasonable adjustments for disabled person, otherwise it’s discrimination. In what ways should they do this?

A
  1. To take reasonable steps to avoid the disadvantage / adopt alternative method of providing the service
  2. No requirement to change nature of service
  3. Applies irrespective of whether firm is already providing services to disabled people
139
Q

What factors should a firm consider when deciding what adjustments are “reasonable”

A
  1. Cost of making the adjustment
  2. Nature of service being provided
  3. Size of the firm
140
Q

How can a client make a claim for discrimination

A

To the county court. Burden of proof lies with claimant to show prima facie case of discrimination - burden then shifts to defendant

141
Q

What are the remedies for discrimination

A
  1. Damages
  2. Declaration
  3. Injunction
142
Q

Under Part 5 of 2010 Act, employees are protected from discriminatory behaviour from employers. What 4 things must an employer not do

A
  1. Discriminate against / victimise prospective employee
  2. harass a person who has applied to it for employment
  3. Discriminate against or victimise an employee
  4. harass an employee
143
Q

An employer should not discriminate against or victimise an employee by subjecting them to any detriment. What do we mean by detriment

A

Established if a reasonable employee would / might take the view that they had been disadvantaged in the circumstances in which they had to work

144
Q

What is the exception to disability discrimination

A

Where an employer is able to demonstrate that, because of the nature of the job, only people with a protected characteristic are able to do it - has to be a proportionate means of achieving a legitimate aim. NB - unlikely to be relevant to law firms

145
Q

What can an employee to do make a claim against an employer for discrimination

A

Make a claim to an Employment Tribunal

146
Q

What are the steps to resolving a discrimination claim

A
  1. Submit questions to the employer
  2. Participate in a conciliation process through Advisory, Conciliation and Arbitration Service to see if claim can be settled
  3. Employment Tribunal - unlimited compensation can be offered
147
Q

What can an Employment Tribunal do re discrimination cases

A
  1. Compensation - for financial loss, eg loss of earning, loss of promotion etc
  2. Make declarations of employee’s rights / recommend employer take steps to rectify issue
148
Q

A person must not discriminate against / harass / victimise a barrister. The Act protects the barristers from….

A
  1. Members of chambers
  2. Clerks of Chambers
  3. Solicitors instructing them
149
Q

s158 contains a general provision allowing positive action which will apply to solicitors as service providers and employers. What are the 2 requirements which must be met for the action to be lawful

A
  1. Firm must reasonably think that persons who share a protected characteristic have needs that are different / suffer a disadvantage
  2. Action taken by firm is proportionate to helping people overcome disadvantage
150
Q

What are some examples of positive action that a firm can take to address disadvantages of those who share protected characteristic

A
  1. Firm tailoring some of its services to meet requirements of a particular group
  2. Providing specific training to some of its employees
151
Q

s159 of the Equality Act (as with s158) allows positive action to apply but in respect of recruitment and promotion only. When does this apply

A

Where an employer reasonably thinks that persons with a protected characteristic are disadvantaged or disproportionately under-represented. Thus, the employer can actually treat a person with the protected characteristic more favourably than others who don’t BUT only if they are “as qualified” as the others

152
Q

Can sections 158 and 159 of the Equality Act give an advantage to groups treated unfairly because of a protected characteristic

A

No, because this would allow for “positive discrimination”

153
Q

Paragraph 7.1 of the SRA Code of Conduct for Solicitors, RELs and RFLs impose a duty on solicitors to do what

A

to keep up to date with and follow the law and regulation governing the way they work, eg Equality Act 2010. Staff training should also be provided (good management, helps firm to establish that it took steps to prevent discriminatory acts by employees and avoid vicarious liability)

154
Q

What happens in the event of a failure to comply with the Equality Act 2010

A
  • gives rise to additional professional conduct issues
  • solicitor will likely face a separate disciplinary action (sanctions could be severe)
  • solicitors are expected to do more than simply comply with the Act
155
Q

Discrimination is contained in the Equality Act 2010. Where else is it dealt with in the context of solicitors

A
  • SRA Code of Conduct for Solicitors
  • RELs
  • RFLs
  • SRA Code of Conduct for Firms
156
Q

The Code of Conduct for Solicitors and Firms reflects the prohibitions in the Act but goes beyond the Act., eg ‘discrimination’ is not restricted to the meaning given to it under the Act. True or false.

A

True - discriminatory behaviour that is not unlawful under the Act may nevertheless breach Para 1 and result in disciplinary action

157
Q

What does SRA principle 6 require a solicitor to do

A

To act in a way that encourages equality, diversity and inclusion (includes conduct outside of practice, eg social media)

158
Q

What is meant by the terms equality, diversity and inclusion

A

Equality - treating people fairly
Diversity - encouraging and valuing people with a broad range of different backgrounds, knowledge, skills and experiences
Inclusion - acceptance and encouraging everyone to participate and contribute

159
Q

What two things does the SRA expect firms to do

A
  1. to look after the wellbeing of staff and protect them from bullying, harassment, discrimination and victimisation
  2. to encourage those who have experienced or witnessed such behaviour to report it to the SRA
160
Q

It’s important for firms to put policies and procedures in place fo further equality, diversity and inclusion. A determination to uphold these values should be embedded in the culture of the firm. What if a firm fails to have such a policy

A

May be in breach of Principle 6

161
Q

The principles of equality, diversity and inclusion direct how a solicitor should interact with others. What else do they do

A

Drive the development of the profession as a whole

162
Q

What does the SRA expect firms to do when promoting the development of a diverse profession

A

Monitoring, reporting and publishing data on the diversity of its workplace and putting in place measures to improve diversity

163
Q
A