Providers of Legal Services

Question 1

Who is the regulator that oversees the regulation of legal services as a whole?

Answer 1

Legal Services Board

Question 2

What is the key difference between ‘reserved legal activities’ and those which aren’t classed as ‘reserved’ legal activities?

Answer 2

Services within the definition must be provided by those authorised to do so and who will be subject to regulation

Services outside the definition can be provided by anyone without any legal regulation

Question 3

What are the 6 types of reserved legal activities?

Answer 3

1) Exercise of a right of audience

• The right to appear before and address a court, including the right to call and examine witnesses

2) Conduct of litigation

• Means issuing of proceedings before any court in England and Wales; the commencing, prosecuting and defending of those proceedings; and the performing of any ancillary functions in relation to those proceedings

3) Reserved instrument activities

• Relates to preparing and lodging an instrument (formal legal document) dealing with the transfer or charge of land, relating to real or personal estate or an instrument relating to court proceedings

4) Probate activities

• Means preparing probate papers; These are the documents needed to obtain a grant of probate or documents to oppose such a grant

5) Notarial activities

• Relates to certifying and authenticating certain documents

6) Administration of oaths

• Power to administer an oath, for example when a document is required to be sworn

Question 4

What would not amount to ‘conduct of litigation’ and therefore not be a ‘reserved legal activity’ in this regard?

Answer 4

The giving of legal advice in connection with court proceedings and correspondence with the opposing party are not ancillary to the conduct of litigation and therefore are not themselves reserved legal activities

Putting together a trial bundle is unlikely to be a reserved legal activity in-and-of-itself.

Question 5

Who can carry out reserved legal activities?

Answer 5

Those authorised by a relevant approved regulator, like the SRA or Bar Standards Board (barristers)

Those who are exempt

Question 6

When might someone be exempt for the purposes of carrying out a reserved legal activity?

Answer 6

Right of audience

• A right of audience has been granted by a specific court in relation to specific proceedings (e.g. to a paid or unpaid McKenzie Friend)
• They are assisting in the conduct of litigation under instructions given by and under the supervision of an authorised person in proceedings which are being heard in chambers in the High Court or a county court (trainee solicitor or paralegal)

Conduct of litigation

• A right to conduct litigation has been granted by a specific court in relation to specific proceedings

Question 7

What are the possible consequences of carrying out a reserved legal activity whilst neither authorised nor exempt?

Answer 7

Criminal offence punishable by up to two years’ imprisonment

Question 8

What areas of law are not subject to regulation?

Answer 8

Will writing, family law advice and employment law advice