Legal system 5 - Regulation of services

Question 1

What are reserved legal services?

Answer 1

Services, which only a suitably qualified legal professional is permitted to carry out

Question 2

What is the Legal Services Act 2007?

Answer 2

The Legal Services Act 2007 establishes the framework for legal services, promoting competition and protecting consumers.

Question 3

What are the reserved legal services

Answer 3

• exercises of a right of audience
• conduct of litigation
• reserved instrument activities
• probate activities
• notarial activities
• administration of oaths

Question 4

What are reserved instrument activities?

Answer 4

Activities which deal with the transfer, charge or registration of land

Question 5

Is drafting a Power of Attorney a reserved legal activity?

Answer 5

no

Question 6

Is carrying out ancillary tasks associated with proceedings before a court a reserved legal activity?

Answer 6

Yes

Question 7

Is drafting wills and other testamentary instruments a reserved legal activity?

Answer 7

no

Question 8

What are probate activities?

Answer 8

This includes:
* preparing the documents needed to obtain a grant of probate
* preparing a grant of letters of administration
* preparing documents to oppose a grant of probate/grant of letters of administration

Question 9

Is providing legal advice a reserved legal activity?

Answer 9

no

Question 10

Who oversees the approved regulatory bodies who regulate legal serivce providers?

Answer 10

the Legal Services Board (LSB)

Question 11

When must a solicitor comply with the SRA’s regulations and codes of conduct?

Answer 11

Whenever he provides legal services - even when not carrying out oreserved legal activities.

Question 12

What does SRA stand for?

Answer 12

Solicitors Regulation Authority

Question 13

What is a McKenzie friend?

Answer 13

A McKenzie friend assists a litigant in person in a court by
* prompting,
* taking notes, and
* quietly giving advice.

They need not be legally trained or have any professional legal qualifications.

Question 14

Are exemptions from authorisation from the Legal Services Act possible?

Answer 14

Yes

Question 15

Is a person required to be authorised or exempt to engage in non-reserved legal activities when they fall outside the scope of the LSA?

Answer 15

no

Question 16

The SRA regulates…

Answer 16

solicitors and law firms in England and Wales

Question 17

In its regulatory capacity, the SRA is responsible for:

Answer 17

• licensing individuals and firms to practise
• setting the standards of the profession
• enforcing compliance against those standards

Question 18

To be able to practise as a solicitor, a person must:

Answer 18

• satisfy education and training requirements
• satisfy character and suitability requirements
• obtain a practising certificate

Question 19

What is the relevance of a practicing certificate?

Answer 19

It authorises a solicitor to carry on all reserved legal activities (except notarial activities)
as long as
the solicitor is carrying them out through an authorised body (a law firm)

Question 20

Does every solicitor have to be attached to a law firm?

Answer 20

no

Question 21

What options do freelance solicitors have to practise reserved legal activities?

Answer 21

(a) act as recognised sole practice
(b) only conduct activities that are not reserved activities
(c) provide reserved activities through an authorised body

Question 22

Can in-house solicitors provide reserved legal activities?

Answer 22

yes, but only for their employer.

They cannot offer reserved legal services to the general public

Question 23

What is a recognised body under the SRA?

Answer 23

a “legal services body”

–> a law firm (irrespective of its legal form)

Question 24

What is a licensed body?

Answer 24

a law practice owned and managed by a lon-lawyer.

Must have at least one manager, who is authorised by the SRA or another approved regulator

Question 25

What is a recognised sole practice?

Answer 25

a solicitor working on an individual basis

Question 26

How many core principles are there in the SRA Standards and Regulations?

Answer 26

7

Question 27

What are the SRA Standards and Regulations core principles?

Answer 27

Act: 1. in a way that **upholds** the constitutional principle of the **rule of law** and **proper administration of justice** 2. in a way that **upholds public trust and confidence** 3. with **independence** 4. with **honesty** 5. with **integrity** 6. in a way that encourages **equality, diversity and inclusion** 7. in the **best interests of each client**.

Question 28

What is the SRA's risk-based approach to regulation?

Answer 28

the SRA **identifies risks** that might **adversely impact** its ability to **meet** any of the regulatory **objectives**

Question 29

The SRA evaluates risks by reference to

Answer 29

(i) impact (ii) probability of the risk materialising

Question 30

What is a professional indemnity insurance (PII)?

Answer 30

It provides cover to the insured party (law firm/solicitor) should they breach a professional duty that causes financial loss or damage to a client

Question 31

The PII must provide ... cover for the services the firm provides.

Answer 31

adequate and apppropriate

Question 32

What determines the level of what is considered adequate and appropriate for the PII?

Answer 32

* the nature of the work * the number and type of clients * the possible value of any claim liabilities * any history of claims * alternative arrangements to meet liabilities

Question 33

Recognised and licensed bodies must be insured for at least ... for any one claim

Answer 33

GBP 3 million (exclusive of defence costs)

Question 34

Those who are not a recognised and licensed body must be insured for at least...

Answer 34

GBP 2 million

Question 35

What PII must a freelance solicitor take out?

Answer 35

PII which is adequate appropriate

Question 36

What are the minimum requirements for PII?

Answer 36

adequate and appropriate

Question 37

In order to take up a job as a solicitor, one must have...

Answer 37

a valid practising certificate.

Question 38

Is it a criminal offence to act as a solicitor without a valid practising certificate?

Answer 38

yes

Question 39

Who regulates solicitors in England and Wales?

Answer 39

The Solicitors Regulation Authority (SRA) regulates solicitors, ensuring they uphold professional standards and ethical practices.

Question 40

What does "right of audience" refer to?

Answer 40

The right of audience refers to the right to represent a client in court, typically limited to qualified legal professionals.