Reserved and Unreserved Legal Activities Flashcards
What is the difference between reserved and unreserved legal activities?
-reserved legal activities - can only be provided by authorised persons, and
-unreserved legal activities - can be carried out by non-lawyers
Reserved legal activities:
-rights of audience
-conduct of litigation - issuing of proceeding before any court, commencement, prosecution and defence of such proceedings
-reserved instrument activities - preparation of any instrument of transfer/charge
-probate activities - but will-making is not a reserved activity
-notarial activities
-administration of oaths
What are unreserved legal activities?
-providing legal advice regarding application of the law/resolution of legal disputes
-any activity which doesn’t fall within the 6 reserved legal activities
Can a freelance solicitor conduct regulated activities?
A freelance solicitor who has been qualified for more than 3 years can provide legal services to the public
Those qualified for less than 3 years are only allowed to conduct unreserved legal activities
What is a conditional fee arrangement (CFA)?
A CFA operates on a no-win no-fee basis. The solicitor can charge max. 100% on profits, or max 25% of the damages recovered by the client in claims for PI.
What is a damages-based agreement?
Client’s representatives are paid out of the damages awarded to C by the court. Payment may be capped at:
-25% for PI claims
-35% employment
-50% other claims
What level of professional indemnity insurance are firms required to maintain?
At least £2 million for any one claim or £3 million in the case of a limited liability firm.
Cover must be adequate and appropriate.
What conditions must an applicant fulfil to qualify for civil legal aid?
3 qualifying conditions:
1. Matter must be within the scope of the legal aid scheme
2. Applicant must show at least a 50/50 prospect of success - the Merits Test - applicant must demonstrate a not less than 50
3. Applicant must fulfil the financial eligibility criteria- the Means Test
In what circumstances might an applicant be entitled to ‘exceptional case funding’ (ECF)?
-where the director of legal aid casework determines that civil legal aid must be provided to the applicant since failure to do so would breach the applicant’s ECHR rights
What does the means test for civil aid assess?
Assesses an applicant’s financial eligibility by assessing their income and disposable capital.
General rule: the resources of the applicant’s partner are to be included in the calculation of the applicant’s financial resources, unless the partner has a contrary interest.
Criminal legal aid - the ‘merits’ test, or ‘interests of justice’ test:
-Crown Court trials automatically satisfy the ‘interests of justice’ test
-as do under 18s
-‘it is likely the applicant will lose their liberty’/livelihood/suffer serious reputation damage/not be able to understand court proceedings or present their own case
-substantial Q of law?
