Providers of Legal Services

Question 1

Name the 6 types of legwork, defined in s12 of the Legal Services Act 2007 as reserved legal activities.

Answer 1

a) The exercise of a right of audience (appearing before a court, examining and calling witnesses);
b) The conduct of litigation;
c) Reserved instrument activities (eg dealing with the transfer of land or estate relating to court proceedings);
d) Probate activities;
e) Notarial activities;
f) The administration of oaths;

Question 2

The conduct of litigation is a reserved legal activity as defined by s12 Legal Services Act 2007.

What does the conduct of litigation mean (ie what does this include)?

Answer 2

a) Issuing of proceedings before any court in England and Wales;

b) The commencing, prosecuting and defending of those proceedings + any ancillary functions in relation to those proceedings (eg entering appearances to actions).

Question 3

Where documents are prepared or drafted by an unauthorised person, what may negate the finding that this constitutes the conduct of litigation?

Answer 3

If the parties themselves submit and present the documents in court.

Question 4

Give two examples of situations where one would not need to be authorised to carry out reserved legal activities.

Answer 4

a) Right of audience - where a court has granted a non-authorised person a right of audience for a particular case or hearing (eg a McKenzie friend);

b) Probate - where an employee carries out probate activities under the supervision of an authorised person (e.g a trainee solicitor).

Question 5

What are the 8 objectives the LSB has a duty to promote?

Answer 5

1) protecting and promoting the public interest;
2) supporting the constitutional principle of the rule of law;
3) improving access to justice;
4) protecting and promoting the interests of consumers;
5) promoting competition in the provision of services in the legal sector;
6) encouraging an independent, strong, diverse, and effective legal profession;
7) increasing public understanding of citizens’ legal rights and duties;
8) promoting and maintaining adherence to the professional principles of independence and integrity; proper standards of work; observing the best interests of the client and the duty to the court; and maintaining client confidentiality.

Question 6

Bodies (such as the SRA) can only operate as regulators of legal services if…

Answer 6

Authorised to do so by the LSB.