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