1): The Regulatory Role of the SRA, Reserved Legal Activities and other Regulated Providers of Legal Services Flashcards
(19 cards)
What legislation governs the SRA’s role?
Legal Services Act 2007 (LSA 2007).
Who does the SRA regulate?
Authorised bodies (firms) and individuals:
Trainee solicitors
Qualified solicitors
Registered European and Foreign lawyers
What are authorised bodies under the SRA?
Licensed Body: Legal & non-legal services in an alternative business structure.
Recognised Body: 75% lawyer-owned/managed (e.g., traditional partnerships, LLPs).
Recognised Sole Practice: Solo solicitors or registered European lawyers.
Requirements to practise as a solicitor:
Be admitted as a solicitor
Be on the roll
Hold a practising certificate (SRA-issued)
Is practising without a certificate an offence?
Yes – it’s a criminal offence.
What do solicitors do for clients?
Direct client contact
Legal advice and assistance (contentious & non-contentious)
Where can solicitors appear as advocates?
- Lower courts: Magistrates’, County Court, tribunals
- Higher courts: Crown, High, Court of Appeal, Supreme Court
Only if higher rights of audience obtained
What are the 7 SRA Principles solicitors must uphold?
Uphold constitutional principle & justice
Maintain public trust and confidence
Act with independence
Act with honesty
Act with integrity
Encourage equality, diversity & inclusion
Act in the best interests of each client
What Codes of Conduct apply?
Code for Solicitors, RELs, and RFLs
Code for Firms
How does the SRA allocate resources?
Risk-based: focuses on areas most at risk of failing regulatory objectives.
What are the SRA’s regulatory objectives under s.1, LSA 2007?
Protect & promote public interest
Support rule of law
Improve access to justice
Promote consumer interests
Encourage legal services competition
Promote legal understanding of rights & duties
Uphold professional principles:
Independence & integrity
Proper standards of work
act in best interest of client
act with independence in interests of justice
keep client affairs confidential
What are the 6 reserved legal activities?
Exercise of a right of audience
Conduct of litigation
Reserved instrument activities
Probate activities
Notarial activities
Administration of oaths
Who can perform reserved legal activities?
Only authorised persons or exempt persons (e.g., McKenzie friend)
Authorisation must come from an approved regulator (e.g., SRA for solicitors)
When does someone become regulated for reserved activities?
Once authorised by a regulator for that activity, they are subject to regulation for both reserved and other legal activities they perform
What is professional indemnity insurance for?
Protects against liability for loss/damage caused by negligence, errors, or omissions in legal services
What does Rule 3.1 of SRA Indemnity Insurance Rules require?
Authorised bodies must purchase insurance on SRA’s minimum terms
Must assess whether to extend cover based on current/past client needs or practices
How does the SRA assess ‘adequate and appropriate’ cover?
By checking if the firm made a rational assessment of:
Coverage needed
Alternative arrangements
Wider terms of cover
Who are ‘Non-LSA Regulated Providers’?
Regulated by other bodies, not under LSA 2007.
Examples:
Claims Management Companies – Claims
Management Regulator
Immigration Advisers – OISC
Insolvency Practitioners – Insolvency Practitioners Association
What are ‘Unregulated Providers’?
Not authorised under LSA 2007 and not regulated for reserved activities
Operate in areas including:
Will writing and estate administration
Family
Intellectual property
Employment
