Regulatory and Legal Environment

Question 1

Procedure for complaining to a law firm?

Answer 1

1. complain to law firm.
2. legal ombudsman.
3. SRA.
4. Solicitors disciplinary tribunal.

Question 2

what are undertakings?

Answer 2

• statement given orally or in writing, to someone who reasonably places reliance on it thar you or a third party will do something or cause something to be done, or refrain from doing something.
• CCS 1.3- you perform all undertakings given by you and do so within an agreed timescale or if no timescale has been agreed then within a reasonable amount of time.

Question 3

what is CCS 8.9 in relation to approaching members of the public?

Answer 3

you do not make unsolicited approaches to members of the public, with the exception of current or former clients, in order to advertise legal services provided by you, or your business or employer.

Question 4

what is the situation regarding referrals and introductions with a client who is subject to criminal proceedings?

Answer 4

Under CCS 5.1(d) you do not make payments to an introducer in repost of clients who are the subject of criminal proceedings. You cannot therefore accept the referral in relation to the client who has been charged with assault or with theft

Question 5

what is the situation regarding referrals and introductions with a client who is pursuing a personal injury claim?

Answer 5

section 56(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (‘LASPO’) prohibits solicitors from referring or receiving referrals in respect of a claimant’s claim for damages in respect of personal injury or death to each other in consideration for a referral fee.

Question 6

what is the duty to make reasonable adjustments under the equality act?

Answer 6

anticipatory and requires service providers to think in advance about what disabled people with a range of impairments may reasonably need.

Question 7

what is the definition of harassment under the Equality Act 2010?

Answer 7

unwanted conduct related to a protected characteristic that has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.