Legal Services

Question 1

Regulated Providers of Legal Services (6)

Answer 1

1. Solicitors Regulation Authority
2. Bar Standards Board
3. CILEx
4. Intellectual Property Regulation Board
5. Council of Licenced Conveyancers
6. Master of the Faculties

Question 2

Reserved Legal Activities (6)

Answer 2

1. Right of Audience
2. Conduct of Litigation
3. Reserved Instrument Activities
4. Probate Activities
5. Notarial Activities
6. Administration of Oaths

Question 3

Exemption to Reserved Legal Activities

Answer 3

Litigant in Person

Question 4

Minimum Level of Indemnity Insurance

Answer 4

£3 Million

Question 5

Requirement for Professional Indemnity Insurance (2)

Answer 5

1. Adequate
2. Appropriate

Question 6

Freelance Solicitor Professional Indemnity Insurance Requirements (2)

Answer 6

1. No reserved legal activity, no insurance requirement
2. If reserved legal activity, adequate and appropriate coverage (not £3 mil)

Question 7

Non-Commercial Organisation Solicitor Requirement

Answer 7

1. Charity or organisation must have appropriate and adequate cover

Question 8

Funding of Non-Litigation Matters (2)

Answer 8

1. Private Funding/Private Retainer
2. Fixed Fee Basis

Question 9

Funding of Litigation Matters (7)

Answer 9

1. Private Funding
2. Conditional Fee Agreement
3. Damages Based Agreement
4. Third Party Funding
5. Legal Expenses Insurance
6. Union Funding
7. Legal Aid

Question 10

Conditional Fee Agreement Rules (4)

Answer 10

1. Hours + Success Fee
2. If lost, disbursement only
3. Cannot exceed 100% of normal fees
4. Cannot be used in family proceedings

Question 11

Damages Based Agreement Rules (4)

Answer 11

1. Costs as a percentage of winnings
2. If lost, solicitor not entitled to any fee or repayment of disbursements
3. Legal costs can be no more than 50%
4. No more than 25% in personal injury case

Question 12

After the Event Insurance Rules (2)

Answer 12

1. Will not cover client’s solicitor fees
2. Taken for Conditional Fee or Damages Based Agreement

Question 13

Legal Aid in Civil Context Test (2)

Answer 13

1. Financial Eligibility Test
2. Good Prospects of Success

Question 14

Legal Aid in Criminal Context Test (2)

Answer 14

1. Means Test
2. Interest of Justice

Question 15

Equality Act 2010 Protected Characteristics (9)

Answer 15

1. Age
2. Disability
3. Gender Reassignment
4. Marriages and Civil Partnerships
5. Pregnancy and Maternity
6. Race
7. Religion or Belief
8. Sex
9. Sexual Orientation

Question 16

Direct Discrimination by Association

Answer 16

Person can be discriminated against because of their association with a person who has a protected characteristics

Question 17

Exception to Direct Discrimination (2)

Answer 17

1. Age or Disability
2. Proportionate means of achieving the legitimate aim

Question 18

Exception to Indirect Discrimination (2)

Answer 18

1. Proportionate means of achieving a legitimate aim
2. Does not have to be public policy reason

Question 19

Stages of Money Laundering (3)

Answer 19

1. Placement
2. Layering
3. Integration

Question 20

Concealing Rules (2)

Answer 20

1. Know or Suspect
2. Defence: Authorised Disclosure before the transaction occurs

Question 21

Arrangement Rules (3)

Answer 21

1. Know or suspect
2. Exception: Ordinary Litigation
3. Defences: Authorised Disclosure

Question 22

Acquisition (2)

Answer 22

1. Know or suspect
2. Defences: Authorised Disclosure, Privileged Excuses, Adequate Consideration

Question 23

Defences for Failing to Report (2)

Answer 23

1. Privilege
2. Lack of Training

Question 24

Tipping Off Key Features (3)

Answer 24

1. Disclosing investigation to offender or third person
2. Direct or indirect disclosures
3. Can arise from delays in the process

Question 25

Tipping Off Exceptions (2)

Answer 25

1. Normal Enquiries 2. Standard terms about AML obligations in engagement letter

Question 26

Tipping Off Defences (3)

Answer 26

1. Permitted Disclosures 2. Additional Permitted Disclosures 3. Disclosures made to dissuade

Question 27

Defences to Prejudicing an Investigation (2)

Answer 27

1. Person did not know or suspect 2. Disclosures for legal proceedings

Question 28

Regulations policies and procedures (4)

Answer 28

1. Appoint MLRO 2. Customer Due Diligence 3. Systems and Procedures to Forestall 4. Training

Question 29

FSMA Regulated Activity (6)

Answer 29

1. Insurance Contracts 2. Shares in a Company 3. Debentures or Bonds 4. Mortgage Contract 5. Pension Schemes 6. Funeral Plans

Question 30

FSMA Exclusions (5)

Answer 30

1. Takeover 2. Acting as a trustee, nominee, personal representative 3. Acting through authorised persons 4. Introducing authorised persons 5. Providing incidental activities

Question 31

Insurance

Answer 31

Exclusions not available