Providers of legal services (U1) Flashcards
What are reserved legal activities?
Services that can only be carried out by **authorised or exempt **people. Persons must be authorised by an approved regulator.
Services outside this can be provided by anyone w/o regulation.
What are the 6 types of ‘reserved legal activities’ under s12 of the LSA 2007?
- Exercise of a right of audience
- Conduct of litigation
- Reserved instrument activities
- Probate activities
- Notarial activities
- Administration of oaths
Reserved legal activity
What is ‘exercise of a right of audience’?
- Right to appear before & address a court
- Incl. right to examine witnesses
Reserved legal activity
What is ‘conduct of litigation’?
- Issuing of proceedings before any court in England & Wales
- Commencing, prosecuting and defending of those proceedings and
- Performing of ancillary functions in relation to those proceedings
Is preparing a trial bundle ancillary to the conduct of litigation (and therefore reserved legal activity)
no; giving legal advice related to court proceedings and corresponding with the opposing party are also not reserved activities
Reserved legal activity
What is ‘reserved instrument activities’?
- Preparing and lodging an instrument (formal legal document) dealing with the transfer or charge of land (e.g. contract for sale of land)
- Excludes wills and powers of attorney
Reserved legal activity
What are ‘probate activities’?
- Preparing probate papers
Reserved legal activity
What are ‘notarial activities’?
- Activities customarily carried on by notaries
Reserved legal activity
What is the ‘administration of oaths’?
- When a document (e.g. affidavit) is required to be sworn
Reserved legal activity
Who is the approved regulator for solicitors?
Law Society is the approved regulator for solicitors; BUT regulatory function carried out by SRA
Can authorise all reserved legal activities except notarial
Which exemptions apply where a person can provide reserved legal services without authorisation?
- Rights of audience - court can grant someone an exemption e.g. Mcenzie friend
- Probate activities
- Some non-commercial organisations e.g. charities
What happens if a person carries on a reserved legal activity if not exempt or authorised?
- Criminal offence
- Up to 2 years imprisonment
- Contempt of court if rights of audience or conduct of litigation is unauthorised
Who regulates legal service providers in the UK?
Legal service providers are regulated by regulators approved by the Legal Services Board (LSB).
What does the Legal Services Board do?
Responsible for oversight of regulation; it does not authorise firms itself
Duty to promote the regulatory objectives under s1 of the LSA 2007 (regulators held to these too)
What powers does the LSB have?
- Make recommendations for improvement
- Impose penalties for deficiencies
- Withdraw approval
- Controls regulators e.g. must consent to regulatory changes
Who is responsible for ensuring compliance with regulators?
Firms BUT individuals responsible for own conduct
Are regulated individuals subject to regulation for all legal services or only reserved activities?
Regulated individuals are subject to regulatory requirements in respect of all the legal services they provide, not just reserved legal activities.
Who is the regulator for barristers?
Bar Standard Board
Can authorise all reserved legal activities except notarial
Who approves regulators?
LSB
Who is the regulator for chartered legal executives?
CILEx Regulation
Can authorise all reserved legal activities except notarial
Who is the regulator for licenced conveyancers?
Council for Licenced Conveyancers
Can authorise:
* Reserved instrument activities
* Probate activities
* Administration of oaths
Who is the regulator for patent attorneys AND trade mark attorneys?
Intellectual Property Regulation Board
Can authorise all reserved legal activities except notarial and probate
Who is the regulator for costs lawyers?
Costs Lawyers Standards Board
Can authorise:
* Rights of audience
* Conduct litigation
* Administer oaths
Who is the regulator for notaries?
Master of Faculties
Can authorise:
All types of reserved legal activity except rights of audience and conducting litigation
**Only regulator that can authorise notarial activities
**
Who is the regulator for chartered accountants?
Institute of Chartered Accountants
Can authorise:
Probate activities
Which providers are still subject to statutory legal regulation BUT outside of the LSA?
- Claims management companies (regulated by FCA)
- Immigration advisers
- Insolvency practitioners
What are unregulated legal service providers?
Work outside reserved legal activities under LSA
Include:
* Will writing
* Family law advice
* Employment law advice
Who can carry out reserved legal activities?
Those authorised by an approved
regulator.
Who are the approved regulators?
- Solicitors Regulation Authority
- Bar Standards Board
- CILEx Regulation
- Council for Licensed Conveyancers
- Intellectual Property Regulation Board
- Costs Lawyers Standards Board
- Master of Faculties
