UNIT 1 LEGAL SERVICES: intro + regulatory framework for solicitors Flashcards
what constitutes “reserved legal activity” under legal services act (LSA) 2007?
only specific activities like conduct of litigation or reserved instrument activities, are considered RLAs.
general advice or DR = not automatically classified as a RLA
are the legal + regulatory controls for legal services entirely covered by the LSA 2007 + SRA codes of conduct?
no. other regulations eg those for claims management co’s or EA 2010 also apply.
not all legal services full under LSA 2007
what is NOT a RLA under LSA 2007?
providing advice on employment dispute. it is legal advice but not classified as a RLA
role of the legal services board? (LSB)
promotes regulatory objectives, eg increasing public understanding of legal rights + duties, but does not regulate all lawyers in Scotland or award practicing certificates
how is a barrister working in a firm of solicitors regulated?
barrister is regulated by Bar Standards Board (BSB)
firm itself is authorised by the SRA
are all legal services subject to regulation?
no, some legal services eg will writing or employment law advice, are unregulated unless they fall under RLAs
does the SRA risk outlook centralise risk management for law firms?
no. the SRA publishes a risk outlook but expects individual firms to monitor + manage their own risks as per the SRA code of conduct for firms
does the EA 2010 protect individuals who have not yet undergone gender reassignment?
yes EA 2010 protects individuals who are proposing to undergo, are undergoing, or have undergone gender reassignment, even if they have not completed the process
can firms choose their own level of professional indemnity insurance coverage?
no. SRA sets min requirements for PII w/ minimum sum insured of £3,000,000 for a recognised body
can direct discrimination be justified on the grounds of proportionality?
no, DD, except in the case of age, cannot be justified on the grounds of proportionality.
indirect discrimination MAY be justifiable in this way, but not direct discrimination
can a solicitor practice as a sole practitioner and be authorised by the SRA?
yes, a solicitor can practice as a “recognised sole practice” authorised by the SRA.
but it’s now less common due to the benefits of larger practices
what is required for a solicitor to carry out RLAs eg conducting court proceedings or prepping land transfer docs?
a solicitor must be authorised by the SRA to carry out RLAs.
once authorised, they can perform all RLAs except notarial activities
what types of entities can be considered a “recognised body” in the legal profession?
traditional partnerships
LLPs
companies
what is required for a solicitor to obtain a practising certificate?
solicitor must be on the roll of solicitors
have sufficient knowledge of english or welsh
not be suspended
practising w/o a certificate = criminal offence
can a solicitor be admitted if they have a repossession on their record?
can, but it must be disclosed to the SRA,
SRA will assess character + suitability. while repossession is not an automatic bar, it will be considered in the admission decision
