Legal Services - FLK1 Flashcards
What is the definition of legal services
All manner of advice, assistance and representation relating to the law
What types of scenarios does legal services cover
- Representation before the Supreme Court
- Completion of an online court form
- Negotiation of a multi-million pound contract
- Writing a will etc
Give an example of a situation where it can be difficult to identify a legal service
Provision of online information
Name the 5 different ways legal services are provided
- Technology, ie case management systems
- Gather information or carry out online triage
3.Online document preparation - Online predictive case outcomes
- Contract management
- Dispute resolution
What is the role of a regulator
To protect the public
Those who provide services to the public in the UK are not subject to regulation. True or false?
False
What are some of the things that a regulator does
- Set standards for the delivery of a service
- Set pricing levels
- Deal with complaints from members of the public
- Have oversight of the qualification / training of individuals delivering service
What legislation covers the regulation of legal services in England?
Legal Services Act 2007
How do you differentiate between “reserved legal activities” and those which are not
Under the Act, reserved legal activities are subject of regulation & they are authorised whilst the latter is not
Why is the concept of reserved legal activities risk based?
They comprise those types of legal work where the risk to the public is the greatest
Reserved legal activities is only preserved for solicitors and barristers. True or false?
False
What section of the LSA 2007 sets out the 6 types of reserved legal activities?
Section 12
What are the 6 types of reserved legal activities
- Exercise of right of audience
- Conduct of litigation
- Reserved instrument activities
- Probate activities
- Notarial activities
- Administration of oaths
What does it mean by exercising a right of audience
Right to appear before and address a court, the right to call a witness and the right to examine a witness
What does conduct of litigation mean (3 things)
- issuing proceedings before a court
- commencing, prosecuting and defending proceedings
- performing ancillary functions in relation to proceedings, eg entering appearances
What are 4 reserved instrument activities
- Preparing and lodging an instrument (legal document)
- Dealing with the transfer or charge of land
- Relating to real or personal estate
- Relating to court proceedings
What is a probate activity
Preparing probate papers (docs needed to grant of probate or grant of letters of administration or docs to oppose such a grant)
What is a notarial activity
Certifying and authenticating documents
What is an administration of oath
The power to administer an oath
Eg, when a document, such as an affidavit, is required to be sworn
Under what section of the LSA 2007 can reserved legal activities only be carried out by those who are authorised or exempt
Section 13
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
Section 18
Who is the approved regulator for solicitors per LSA 2007
The Law Society
Who carries out the regulatory function for solicitors in practice
SRA
SRA deals with authorisation for all reserved legal activities except notarial activities. True or false?
True
What section of LRA 2007 lists the circumstances in which a person is exempt for each of the reserved legal activities
Section 19
Give some examples of when a person is exempt from reserved legal activities
- rights of audience - a person will be exempt if court grants that person a right of audience
- probate - exemption allows an employee to act under an authorised person
- charities and trade unions
What is the Legal Services Board (LSB) responsible for
Overseeing the regulation of all lawyers in England and Wales. it was created by LSA 2007
Name two statutory responsibilities of the LSB
- To ensure standards of regulation
- To oversee and coordinate the regulation of legal services
Name 8 objectives of the LSB per s.1 LSA 2007
- protect and promotor public interest
- support constitutional principles of rule of law
- improve access to justice
- protect & promote interest of consumers
- promote competition
- encourage strong, independent, diverse & effective legal profession
- increase public understanding of legal rights and duties
- promote integrity, best interests of the client and client confidentiality
How does the LSB monitor individual regulators (4 ways)
- monitor how they operate and exercise control over them
- make recommendations for improvement
- impose penalties for deficiencies
- withdraw approval
What 4 types of matters must regulated individuals comply with
- Education and training requirements
- Code of conduct
- Framework to practice
- Provision for disciplinary and enforcement action
The various providers of legal services don’t need to be subject to regulation approved by LSB. True or false
False - each approved regulator is linked to a particular profession or specialisation
Who regulates the work of solicitors
SRA
What does a barrister do
Advocates in the criminal and civil courts and provide expert legal advice and documentation
Can barristers be instructed directly by clients or through solicitors
Directly through clients
Who is the approved regulator for barristers
Bar Standards Board
What types of reserved legal activities can a barrister do
Everything apart from notarial activities
What does a chartered legal executive
- Draft documents, prepare cases etc and often specialise in a particular area of law
- Can’t work independently so work under a solicitor in a firm
- Can be involved in ownership of firm
Who is the approved regulator for chartered legal executives
CILex
What type of reserved legal activities can chartered legal executives do
Everything apart from notarial activities
What does a licenced conveyancer do
Deal with property transactions
Who is the approved regulator for licenced conveyancers
Council for Licenced Conveyancers
What type of reserved legal activities can a licenced conveyancer do
Reserved instrument activities, probate activities and administration of oaths
What is does a patent attorney do
Specalise in intellectual property
What reserved legal activities can a patent attorney do
Everything apart from probate and notarial activities
Who regulates patent attorneys
Intellectual Property Regulation Board
What is a trade mark attorney
Specialise in trade mark law and practice
Who regulates trade mark attorneys
Intellectual Property Regulation Board
What types of reserved legal activities can trade mark attorneys do
Everything apart from probate and notarial activities
What is a cost lawyer
Specialist in legal fees and costs
Who is the approved regulator for costs lawyers
Costs Lawyers Standards Board
What reserved legal activities can costs lawyers do
Exercise rights of audience, conduct litigation and administer oaths
What does a notary do
- Authenticate and certify signatures and documents
- Deal with POA, bills of exchange and docs dealing with foreign property & international finance
Who is the approved regulator for notaries
Master of the Faculties
What types of reserved legal activities can notaries do
Everything except rights of audience and conducting litigation
Sometimes there might be a regulatory overlap where the individual works in a law firm, true or false
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
Name 3 examples of providers that carry out work that falls outside LSA 2007
- Claims management companies
- Immigration advisers
- Insolvency practitioners
Name 3 examples of legal services that are not subject of regulation
- will writing
- family law advice
- employment law advice
Why might a firm decide to operate unregulated
To maximise profits and provide low quality service, plus they might mimic their own type of regulation in terms of code of conduct etc
When and how was SRA established
By the Law Society in 2007 to separate its regulatory and representative function
What does the SRA do
Protects the public by ensuring that solicitors meet high standards and by acting when risks are identified
How many members comprise the SRA
5 Solicitors and 6 lay members so 11 in total
Where is the headquarters of SRA
The Cube, Birmingham
What are the 8 principles that govern SRA
- upholding constitutional principle of rule of law and proper administration of justice
- upholding public trust and confidence
- independence
- honesty
- integrity
- encouraging equality, diversity and inclusion
- best interests of each client
Name 4 functions of SRA
- controls training and admission to the profession
- sets standards for ethical and professional behaviour
- frames rules for handling of client money
- take enforcement action where appropriate
The SRA is an approved regulator under LSA and can authorise firms and solicitors to carry out reserved legal activities. True or false
True