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
