Regulatory Role of SRA Flashcards
What is the umbrella regulator for all lawyers?
Legal Services Board
The SRA manages lawyers AND non-lawyers who are managers or employees of regulated firms?
True
What are the reserved legal activities?
- Right of audience (appear in court);
- Conducting litigation
- Reserved instruments
- Probate activities
5.Notarial activities - Administration of oaths
What are reserved instrument activities?
Preparing instrument of transfer/charge
Applying/lodging documents under Land Registration Act 2002
Preparing instruments for real or personal estate
What are notarial activities
Preparing
Witnessing
Certifying
documents and non-contentious legal work (wills)
When are you exempt from being regulated and carrying out a reserved legal activity?
If you are a party to proceedings you can conduct your own litigation in capacity as a party
SRA requires regulated firms to maintain professional indemnity insurance with a minimum coverage of?
2 million or 3 million per claim
What is the golden rule for the type of indemnity insurance needed?
Adequate and appropriate depending on the firm
How do you determine what is adequate and appropriate insurance coverage?
- Type of client
- Value of matters
- Claims history of the firm
How do you cover yourself when the SRA asks about your insurance coverage?
Prove that you considered factors relating to adequacy and appropriateness of the insurance
Does a freelance solicitor who practices in their own name (not via company or trading name) who does NOT carry out reserved legal activities require insurance?
No
When can a freelance solicitor carry out reserved legal activities without being authorised as a sole practitioner by SRA ?
- Three years PQE
- Not hold client money
- Adequate and appropriate insurance
Does the freelancer carrying out reserved legal activities need to take out insurance at the SRA’s minimum standards?
No
Who must make sure that a non-commercial body like a charity that employs a solicitor who carries out reserved legal activities maintain insurance?
The solicitor himself