Regulatory Role of SRA Flashcards

1
Q

What is the umbrella regulator for all lawyers?

A

Legal Services Board

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2
Q

The SRA manages lawyers AND non-lawyers who are managers or employees of regulated firms?

A

True

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3
Q

What are the reserved legal activities?

A
  1. Right of audience (appear in court);
  2. Conducting litigation
  3. Reserved instruments
  4. Probate activities
    5.Notarial activities
  5. Administration of oaths
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4
Q

What are reserved instrument activities?

A

Preparing instrument of transfer/charge
Applying/lodging documents under Land Registration Act 2002
Preparing instruments for real or personal estate

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5
Q

What are notarial activities

A

Preparing
Witnessing
Certifying
documents and non-contentious legal work (wills)

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6
Q

When are you exempt from being regulated and carrying out a reserved legal activity?

A

If you are a party to proceedings you can conduct your own litigation in capacity as a party

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7
Q

SRA requires regulated firms to maintain professional indemnity insurance with a minimum coverage of?

A

2 million or 3 million per claim

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8
Q

What is the golden rule for the type of indemnity insurance needed?

A

Adequate and appropriate depending on the firm

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9
Q

How do you determine what is adequate and appropriate insurance coverage?

A
  1. Type of client
  2. Value of matters
  3. Claims history of the firm
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10
Q

How do you cover yourself when the SRA asks about your insurance coverage?

A

Prove that you considered factors relating to adequacy and appropriateness of the insurance

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11
Q

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?

A

No

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12
Q

When can a freelance solicitor carry out reserved legal activities without being authorised as a sole practitioner by SRA ?

A
  1. Three years PQE
  2. Not hold client money
  3. Adequate and appropriate insurance
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13
Q

Does the freelancer carrying out reserved legal activities need to take out insurance at the SRA’s minimum standards?

A

No

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14
Q

Who must make sure that a non-commercial body like a charity that employs a solicitor who carries out reserved legal activities maintain insurance?

A

The solicitor himself

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15
Q
A
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