Regulation of Legal Services Flashcards
Can a range of professionals provide legal services
Yes
What does legal services mean
Umbrella of advice, help, representation for legal matters
Where is the framework for regulation of legal services found
Legal Services Act 2007
What are the 6 reserved legal activities
- Rights of audience
- Conduct of Litigation
- Reserved Instrument Activities
- Probate Activities
- Notarial Activities
- Administration of Oaths
What does conduct of litigation include
Issuing proceedings
Commencing proceedings
Ancillary tasks for proceedings
What is included as reserved instrument activities
Lodging formal legal documents
Transfer/charge or registration of land
Instruments re court proceedings
What is not included as a reserved instrument activity
Drafting wills
Drafting agreements (not ones executed as a deed)
Drafting a letter of POA
What are probate activities
Preparing grant of probate & letters of administration & documents to oppose the same
What are notarial activities
Certifying documents in accordance with the Public Notaries 1801
What is the administration of oaths
Power to take oaths & swear affidavits
Can non reserved activities be carried out by unregulated individuals
Yes
Is an authorised person subject to regulatory requirements of approved regulator
Yes
Who is exempt from authorisation to carry out regulated activities
If court grants them rights of audience or ability to conduct litigation.
By virtue of statutory provisions
Party to proceedings
McKenzie friend
What does the SRA regulate
Solicitors & Law Firms
What are the three requirements to practise as a solicitor
Education & Suitability
Admitted to the roll
Obtains practising certificate
When carrying on reserved legal activities where are solicitors usually providing their services
Through an authorised law firm
Who are the 3 types of bodies that can be authorised to provide legal services
Recognised bodies
Licensed bodies
Recognised sole practice
What are the 7 SRA Principles
- Upload ROL & AOJ
- Public trust & confidence in profession
- Independence
- Honesty
- Integrity
- Encourage equity, diversity & inclusion
- Best interests of client
What is the risk based regulation
Model assessing risk
How is risk evaluated under the risk based regulation
Impact & Probability
What does impact refer to under the risk based regulation
What is at risk
What does probability refer to under the risk based regulation
How likely it is that an event will occur
What is PII
Insurance to cover a loss or damage
Who needs PII
All authorised bodies
What is the minimum PII coverage
Recognised and licensed bodies
£3million
All others £2 million
