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Legal Services (V) > Providers of Legal Services > Flashcards

Providers of Legal Services Flashcards

1
Q

What are reserved legal activites?

A

Services that cannot be provided unless authorised by SRA - inc:

  • Rights of audience (appear before court, call witnesses)
  • Conduct of litigation (issuing proceedings before court)
  • Reserved instrument activities (preparing instrument of transfer/charge relating to land)
  • Notarial activities
  • Probate activities
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2
Q

Who can provide services that fall outside ‘reserved legal activities’?

A

Anyone without legal qualification

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3
Q

What other general law framework applies to provision of legal services additionally?

A
  • Equality Act 2000
  • Anti-money laundaring laws
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4
Q

Exercisie of right of audience

A

Reserved legal activity, inc right to appear before/address court & examine witnesses

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5
Q

Conduct litigation

A

Reserved legal activity, incl:
* issuing of proceedings before court
* commensing, prosecutring and defending
* ancillary functions to proceedings

Media - Director of a company laid information before magistrates court = consitutes ‘commencing proceedings’. Carried out reserved legal activity whilist unauthorised - unlawful.

JK - online comp did not lodge docs with the court itself, merely assisted drafting & provided to husband & wife preping for divorce. Not engaged in litigation.

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6
Q

Reserved instumental activities

A

Reserved legal activity, incl:
* contract for sale of land (charge)
* court proceedings docs

Excluding wills and powers of attorney

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7
Q

Probate activities

A

Reserved legal activity, docs in relation to investigates assets and liabilities of a deceased

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8
Q

Notarial activities

A

Reserved legal activity, i.e. authenticating certificates

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9
Q

Administration of oath

A

Reserved legal activity, e.g. affidevit

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10
Q

Do reserved legal activities need to be authorised?

A

YES!

Can only be carried out if authorised or exempt.

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11
Q

What are the 3 key aspects of SRA’s role?

A
  • Authorises firms and other bodies to provide legal services
  • Sets and enforces standards for solicitor’s profession
  • Main point of call for disciplinary matters relating to solicitors - can issue warnings, fine and revoke recognition
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12
Q

Exemption from authorisation for right of audience?

A

If court authorises person in a particular case

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13
Q

Exemption for probate activties from authorisation?

A

Exemption allows employee to act under supervision of an authorised person

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14
Q

Exemption for charities/ indepdent trade unions/non-commercial organisations?

A

Yes

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15
Q

What if a person carries out a ‘reserved legal activity’ without authorisation (not exempt)?

A

Criminal offence
2 years of imprisonment

Additionally if right of audience/conduct of litigation is carried out without authorisations = contempt of court.

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16
Q

What is the role of Legal Services Board (LSB)?

A
  • Resposible for overseeing regulation of all lawyers in E&W
  • Control over regulatory bodies that directly regulate different types of lawyers
  • Monitors the way in which regulators operate

Body can only act as regulation for legal services if approved by LSB

17
Q

LSB has a duty to promote regulatory objectives set in s.1 LSA 2007

A
  • public interest
  • rule of law
  • consumers
  • competition in legal services
  • encouraging inpdedent, strong, diverse profession
  • increasing public undertanding of citizen’s legal rights
  • adherence to professional conduct
  • prevention of economic crime
18
Q

Regulated legal activities can only be carried out by those authorised by an approved regulator.

Who are approved regulators?

A
  • SRA
  • Bar Standards Board (authorises baristers to do all reserved legal activties, except notarial)
  • CLIEx Reg (chartered legal execs, authorises to do all reserved legal activties, except notarial)
  • Countril for Liecenced Conveyancers (reserved insrtument activities, probate and administration of oath)
  • IP Regulation Board (all reserved except probate and notarial)
  • Costs Lawyers Standards Board (right of audience and conduct litigation and administer oath)
  • Master of Faculties (notaries, all reserved legal activities exception right of audience and litigation)
19
Q

Are regulated individuals subject to regulatory requirements in respect of all legal services they provide?

A

YES, authorised provider of legal services is subject to regulation by their own regulator (eg SRA) in respect of ALL legal services they provide, not just those falling within definition of reserved legal activities.

20
Q

Can there be unregulated legal servies i.e.work outside of reserved legal activtity?

A

Yes, e.g. writing family/employment law advice.

Legal Services (V) (3 decks)

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