Reserved Legal Activities Flashcards
(12 cards)
In the Legal Services Act 2007, a “Reserved Legal Activity” is defined as which of the following?
A. Any provision of legal advice or representation
B. Any activity carried out by a qualified lawyer
C. Specified activities that only authorised or exempt persons may perform
D. Unregulated activities like mediation or arbitration
A. Specified activities that only authorised or exempt persons may perform
Explanation: Section 12(1) of the Act restricts six core activities to authorised or exempt persons; these are the only activities classified as RLAs
Which section of the Legal Services Act 2007 defines Reserved Legal Activities?
A. Section 14
B. Section 12
C. Section 24
D. Section 2
B. Section 12
Explanation: Section 12(1) lists the six activities that are “reserved,” with further detail in Schedule 2
Which of the following is a core Reserved Legal Activity under s 12(1)?
A. Drafting commercial contracts
B. Providing immigration advice
C. Conduct of litigation
D. Acting as a mediator
C. Conduct of litigation
Explanation: The six RLAs are: rights of audience, conduct of litigation, reserved instrument activities, probate, notarial activities, and administration of oaths
ICAEW
Carrying out a Reserved Legal Activity without authorisation is an offence under which provision?
A. Section 12
B. Section 24
C. Schedule 2
D. Section 14
D. Section 14
Explanation: Section 14 makes it a criminal offence to carry on any RLA unless you are an authorised or exempt person
A paralegal prepares conveyancing documents for clients without SRA or CLC authorisation. Which offence have they committed?
A. Unauthorised practice of the Reserved Instrument Activity
B. Contempt of court
C. Solicitor’s breach of the Code of Conduct
D. Practice without a Legal Ombudsman licence
A. Unauthorised practice of the Reserved Instrument Activity
Explanation: Preparing conveyancing instruments is a Reserved Instrument Activity; doing so without authorisation is a criminal offence under s 14
A licensed conveyancer (CLC-regulated) is authorised to carry out which RLA?
A. Exercise of a right of audience in the High Court
B. Reserved Instrument Activities (e.g. preparing land transfer deeds)
C. Administration of oaths in immigration tribunals
D. Notarial activities for overseas documents
B. Reserved Instrument Activities (e.g. preparing land transfer deeds)
Explanation: Licensed conveyancers are specifically authorised to conduct reserved instrument activities under s 12 & Sch 2
The Lord Chancellor adds “maritime liens registration” as a new RLA by order. Which power allows this?
A. Section 12(1)
B. Section 14(3)
C. Section 24
D. Schedule 2
C. Section 24
Explanation: Section 24 empowers the Lord Chancellor, via Order in Council, to amend the list of Reserved Legal Activities
Which of the following is an exempt person for carrying out RLAs?
A. An unqualified paralegal in a law firm
B. A court-appointed trustee acting under statutory authority
C. A non-lawyer director of an ABS
D. A foreign lawyer with no UK registration
D. A foreign lawyer with no UK registration
Explanation: Exempt persons include certain court officers and those covered by specific statutory exemptions; a foreign lawyer without UK authorisation is not exempt and cannot carry out RLAs
What is the purpose of Schedule 2 to the Legal Services Act 2007?
A. To list approved insurers for PII
B. To provide detailed definitions of each Reserved Legal Activity
C. To set practising fee levels for solicitors
D. To define the Code of Conduct for Firms
A. To provide detailed definitions of each Reserved Legal Activity
Explanation: Schedule 2 elaborates on the six RLAs listed in s 12(1), clarifying their exact scope
On summary conviction for unauthorised RLA practice, what is the maximum prison sentence?
A. Six months
B. Two years
C. Indefinite detention
D. Twelve months
B. Two years
Explanation: On indictment, unauthorised practice of an RLA can lead to up to two years’ imprisonment; summary conviction limits are lower but the Act provides for two years on indictment
Which of the following is not included in the statutory definition of “legal activity”?
A. Representation in court (RLA)
B. Provision of legal advice or assistance in law application
C. Mediation or arbitration services
D. Conduct of litigation (RLA)
C. Mediation or arbitration services
Explanation: “Legal activity” includes RLAs and legal advice/assistance, but expressly excludes mediation or arbitration under s 12(3)
Who may carry out Reserved Legal Activities under the Act?
A. Only authorised persons and exempt persons
B. Any qualified lawyer
C. Anyone under supervision of a solicitor
D. Members of the Legal Ombudsman panel
D. Only authorised persons and exempt persons
Explanation: The Act permits RLAs only by those formally authorised by an approved regulator or covered by statutory exemptions (s 12 & s 14)
