WS1 - Regulatory Role of the SRA Flashcards
What six activities are considered reserved legal activities?
- Exercising right of audience (right to appear before court)
- Conducting litigation (proceedings before court)
- Reserved instrument activities (e.g. legal documents, dealing with transfer of land)
- Probate activities (obtaining a grant)
- Notrary activities ( authenticating documents)
- Administration of oaths (swearing of document)
Who can carry out reserved legal activites?
- Only those that are authorised (e.g. law society/SRA)
- Exempt in relation to reserved activities (mckenzie friend, employee)
What happens if you carry out a reserved legal activity but you are not authorised or exempt?
Criminal offence = up to 2 years imprisonment
Can you give an example of a situation where a director of a company has acted unlawfuly by engaging in ‘conduct of litigation’?
Football Association
FA brought a private prosecution against the landlord of a public house for infringing IP rights by screening a football match.
- They hired a company to investigate such infringements and one of the directors of a company laid information before magistrates court led to the issuing of summons against the landlord.
- Court held that the director acted unlawfully in carrying out a reserved legal activity whilst unauthorised.
When will a person be exempt from the requirement to be authorised to carry out reserved legal activities?
When they are a party to proceedings and would otherwise have the right to conduct litigation in their capacity as a party (e.g. mckenzie friend, witness)
Can someone who is struck off by the solicitors displinary tribunal carry on reserved legal activities?
No. You cannot carry reserved legal activities unless you are authorised by the SRA.
If you are struck off you are no longer authorised and it is criminal offence in contempt of court.
What are the regulatorty objectives under s1 Legal Services Act 2007?
- Protecting, promoting public interest
- Supporting contitutional principle of rule of law
- Improving access to justice
- Protecting and promoting interests of consumers
- Promoting competition and provision of services in legal sector
- Encouraging an independent, strong, diverse and effective legal profession
- Increasing public understanding of citizens legal rights and duties
- Promoting and maintaining adherence to professional principles
- Promoting and prevention and detection of economic crime
How must the SRA act in relation to legal services?
SRA must act as far as reasonably practicable in a way which is compatible with those objectives.
Purpose of SRA
* protect consumers of legal services
* support the operation of the rule of law and proper administration of justice
* takes a risk based approach - assess the risk to achieving regulatory objectives
What is the level of indemnity insurance which a firm must have?
- Adequate and appropriate insurance
- Insurance company must be regulated by the FCA
- Must be for at least £3million
In the exam what will give away the fact that higher levels of insurance might be needed?
High value work
What happens if a law firms indemenity insurance cover expires?
- Cover must be continous.
- If it has expired, and the firm is in the extended police period for 90 days - the SRA must be informed
- If after extended date 30 days have expired - must notify SRA of this
- If they still can’t get insurance following 90 days from this- firm must cease practicing.
In what situation will a freelance solicitor require SRA authorisation as a sole practicioner firm?
If they are carrying on reserved legal activites
What four conditions must be satisfied for a solicitor to carry on reserved legal activities without being authorised as a sole practitioner firm?
- Three years PQE
- Must not hold client money
- Adquate and appropriate insurance
- Must notify SRA of their intention to practice
What must a solicitor carrying out reserved legal activities for a non-commercial body ensure?
That the non-commercial body takes adequate and appropriate coverage insurance.
Covering not only reserved activities but also any other work done by the solicitor (even though it wouldn’t require insurance but for the reserved activites)
When are solicitors prohibited from entering into referral fee agreements with other law firms?
Personal injury or death claims.
