Regulatory Framework For Solicitors

Question 1

What are the six reserved legal activities set out in legal services act 2007?

Answer 1

• Exercise of a right of audience
• The conduct of litigation
• Reserved instrument activities
• Probate activities
• Notarial activities
• The administration of oaths

Question 2

Who can approve a body to act as a regulator for legal services ?

Answer 2

Legal services board

Question 3

What are some areas of law that are outside reserved legal activity ?

Answer 3

Will writing, family law advice, employment law advice

Question 4

What businesses are eligible for firm authorisation ?

Answer 4

• Recognised sole practice (Solicitor)
• Recognised body (75% of managers are legally qualified as are 75% of shareholders).
• Licensed bodies (ownership not legally qualified but has to be one manager authorised by SRA)

Question 5

What is the effect of authorisation ?

Answer 5

Entitled to carry on all reserved legal activities

Question 6

How is an individual authorised ?

Answer 6

• Be admitted as a solicitor
• have name on the roll
• has certificate issued by law society

Question 7

In what scenario does a freelance solicitor not require authorisation ?

Answer 7

• Practice consists of non reserved legal activities
• Any reserved legal activities are provided through an authorised body
• Solicitor has practiced for a minimum of three years, be self employed and holds limited category of money.

Question 8

What is professional indemnity insurance ?

Answer 8

Necessary requirement for many professions, including solicitors. Caters for insured being in breach of a professional duty giving rise to financial loss

Question 9

What does the equality act 2010 protect?

Answer 9

Protects against prohibited activities against protected characteristic individuals

Question 10

What is the prohibited conduct of direct discrimination ?

Answer 10

When someone is treated less favourable then someone else should have been in same situation (must have protected characteristic)

Question 11

What is indirect discrimination under prohibited conduct ?

Answer 11

When conditions apply to everyone and have effect of prejudicing the members of a particular group

Question 12

What is disability discrimination under prohibited conduct ?

Answer 12

Person treats someone unfavourable because of something arising in consequence of their disability

Question 13

What is victimisation under prohibited conduct ?

Answer 13

If they subject them to detriment because they do a protected act or believe they did a protected act (giving evidence in court)

Question 14

What is harassment under prohibited conduct ?

Answer 14

Specific conduct that violates the individuals dignity or creates an intimidating hostile or degrading environment for the individual

Question 15

What are the three features of duty to make adjustments ?

Answer 15

• provisions, criterion or practice
• physical features
• provision of auxiliary aid