Legal system 5 - Regulation of services Flashcards
What are reserved legal services?
Services, which only a suitably qualified legal professional is permitted to carry out
What is the Legal Services Act 2007?
The Legal Services Act 2007 establishes the framework for legal services, promoting competition and protecting consumers.
What are the reserved legal services
- exercises of a right of audience
- conduct of litigation
- reserved instrument activities
- probate activities
- notarial activities
- administration of oaths
What are reserved instrument activities?
Activities which deal with the transfer, charge or registration of land
Is drafting a Power of Attorney a reserved legal activity?
no
Is carrying out ancillary tasks associated with proceedings before a court a reserved legal activity?
Yes
Is drafting wills and other testamentary instruments a reserved legal activity?
no
What are probate activities?
This includes:
* preparing the documents needed to obtain a grant of probate
* preparing a grant of letters of administration
* preparing documents to oppose a grant of probate/grant of letters of administration
Is providing legal advice a reserved legal activity?
no
Who oversees the approved regulatory bodies who regulate legal serivce providers?
the Legal Services Board (LSB)
When must a solicitor comply with the SRA’s regulations and codes of conduct?
Whenever he provides legal services - even when not carrying out oreserved legal activities.
What does SRA stand for?
Solicitors Regulation Authority
What is a McKenzie friend?
A McKenzie friend assists a litigant in person in a court by
* prompting,
* taking notes, and
* quietly giving advice.
They need not be legally trained or have any professional legal qualifications.
Are exemptions from authorisation from the Legal Services Act possible?
Yes
Is a person required to be authorised or exempt to engage in non-reserved legal activities when they fall outside the scope of the LSA?
no
The SRA regulates…
solicitors and law firms in England and Wales
In its regulatory capacity, the SRA is responsible for:
- licensing individuals and firms to practise
- setting the standards of the profession
- enforcing compliance against those standards
To be able to practise as a solicitor, a person must:
- satisfy education and training requirements
- satisfy character and suitability requirements
- obtain a practising certificate
What is the relevance of a practicing certificate?
It authorises a solicitor to carry on all reserved legal activities (except notarial activities)
as long as
the solicitor is carrying them out through an authorised body (a law firm)
Does every solicitor have to be attached to a law firm?
no
What options do freelance solicitors have to practise reserved legal activities?
(a) act as recognised sole practice
(b) only conduct activities that are not reserved activities
(c) provide reserved activities through an authorised body
Can in-house solicitors provide reserved legal activities?
yes, but only for their employer.
They cannot offer reserved legal services to the general public
What is a recognised body under the SRA?
a “legal services body”
–> a law firm (irrespective of its legal form)
What is a licensed body?
a law practice owned and managed by a lon-lawyer.
Must have at least one manager, who is authorised by the SRA or another approved regulator
What is a recognised sole practice?
a solicitor working on an individual basis
How many core principles are there in the SRA Standards and Regulations?
7
What are the SRA Standards and Regulations core principles?
Act:
1. in a way that upholds the constitutional principle of the rule of law and proper administration of justice
2. in a way that upholds public trust and confidence
3. with independence
4. with honesty
5. with integrity
6. in a way that encourages equality, diversity and inclusion
7. in the best interests of each client.
What is the SRA’s risk-based approach to regulation?
the SRA identifies risks that might adversely impact its ability to meet any of the regulatory objectives
The SRA evaluates risks by reference to
(i) impact
(ii) probability
of the risk materialising
What is a professional indemnity insurance (PII)?
It provides cover to the insured party (law firm/solicitor) should they breach a professional duty that causes financial loss or damage to a client
The PII must provide … cover for the services the firm provides.
adequate and apppropriate
What determines the level of what is considered adequate and appropriate for the PII?
- the nature of the work
- the number and type of clients
- the possible value of any claim liabilities
- any history of claims
- alternative arrangements to meet liabilities
Recognised and licensed bodies must be insured for at least … for any one claim
GBP 3 million (exclusive of defence costs)
Those who are not a recognised and licensed body must be insured for at least…
GBP 2 million
What PII must a freelance solicitor take out?
PII which is adequate appropriate
What are the minimum requirements for PII?
adequate and appropriate
In order to take up a job as a solicitor, one must have…
a valid practising certificate.
Is it a criminal offence to act as a solicitor without a valid practising certificate?
yes
Who regulates solicitors in England and Wales?
The Solicitors Regulation Authority (SRA) regulates solicitors, ensuring they uphold professional standards and ethical practices.
What does “right of audience” refer to?
The right of audience refers to the right to represent a client in court, typically limited to qualified legal professionals.
