LEGAL SERVICES: Sara Ahmed
RESERVED LEGAL SERVICES AUTHORISATION
Reserved legal activities can only be conducted by people authorized to do so
and who will be subject to regulation. These are services where the risk to the Eligible businesses: Under the SRA Authorisation of Firms Rules only certain types
public are the greatest. Not authorized? = contempt of court! of businesses are eligible for authorisation. These are as follows:
These are: - Recognized sole practice. Solicitor who works for themself.
- Recognized body. Where at least 75% of the body’s managers are legally
1. The exercise of a right of audience. Appear before + address a court.
qualified, the proportion of shares and voting rights held by legally qualified
2. The conduct of litigation. Issuing, commencing, prosecuting and persons is at least 75% and managers who are not legally qualified are
defending proceedings before a court. approved by the SRA + at least 1 manager must be a solicitor. Can be:
3. Reserved instrument activities. Preparing and lodging a formal legal
document dealing with the transfer or charge of land, relating to real or o Partnership
personal estate or an instrument relating to court proceedings.
4. Probate activities. Preparing documents needed to obtain a grant of o Limited liability partnerships (LLP). Incorporated, so instead of partners,
probate. they have members.
5. Notarial activities: certifying and authenticating certain documents.
6. The administration of oaths. Such as sworn affidavit. o Companies
- Licensed bodies: alternative business structure.
FREELANCE SOLICITOR For a body to be eligible to apply for authorisation as a licensed body, there must
be at least one manager who is authorised by the SRA (eg a solicitor) or another
A freelance solicitor is not required to be authorised as a recognised sole practice if: approved regulator
(eg the Council of Licensed Conveyancers (see 1.5.4)). It also has to be a ‘licensable
1. their practice consists entirely of carrying on activities which are not ‘reserved body’.
legal activities’ (for example, family, employment or personal injury work and A body (‘B’) will be a ‘licensable body’ if a non-authorised person (ie someone not
general legal advice); authorised by the SRA or another approved regulator):
2. any reserved legal activities are provided through an authorised body; or 1. is a manager of B; or
3. certain requirements are met. For example, the solicitor must have practised as a 2. is an interest holder of B (eg a person who holds shares in it or is entitled to
solicitor for a minimum of three years since admission, be self-employed and exercise any voting rights).
practise in their own name, take out indemnity insurance in respect of all the
services they provide, does not employ anyone in connection with those services Alternatively (or in addition to the above), a body (‘B’) will be a licensable body if:
1. nother body (‘A’) is a manager of B, or is an interest holder of B; and
RESERVED LEGAL SERVICES AUTHORISATION
Reserved legal activities can only be conducted by people authorized to do so
and who will be subject to regulation. These are services where the risk to the Eligible businesses: Under the SRA Authorisation of Firms Rules only certain types
public are the greatest. Not authorized? = contempt of court! of businesses are eligible for authorisation. These are as follows:
These are: - Recognized sole practice. Solicitor who works for themself.
- Recognized body. Where at least 75% of the body’s managers are legally
1. The exercise of a right of audience. Appear before + address a court.
qualified, the proportion of shares and voting rights held by legally qualified
2. The conduct of litigation. Issuing, commencing, prosecuting and persons is at least 75% and managers who are not legally qualified are
defending proceedings before a court. approved by the SRA + at least 1 manager must be a solicitor. Can be:
3. Reserved instrument activities. Preparing and lodging a formal legal
document dealing with the transfer or charge of land, relating to real or o Partnership
personal estate or an instrument relating to court proceedings.
4. Probate activities. Preparing documents needed to obtain a grant of o Limited liability partnerships (LLP). Incorporated, so instead of partners,
probate. they have members.
5. Notarial activities: certifying and authenticating certain documents.
6. The administration of oaths. Such as sworn affidavit. o Companies
- Licensed bodies: alternative business structure.
FREELANCE SOLICITOR For a body to be eligible to apply for authorisation as a licensed body, there must
be at least one manager who is authorised by the SRA (eg a solicitor) or another
A freelance solicitor is not required to be authorised as a recognised sole practice if: approved regulator
(eg the Council of Licensed Conveyancers (see 1.5.4)). It also has to be a ‘licensable
1. their practice consists entirely of carrying on activities which are not ‘reserved body’.
legal activities’ (for example, family, employment or personal injury work and A body (‘B’) will be a ‘licensable body’ if a non-authorised person (ie someone not
general legal advice); authorised by the SRA or another approved regulator):
2. any reserved legal activities are provided through an authorised body; or 1. is a manager of B; or
3. certain requirements are met. For example, the solicitor must have practised as a 2. is an interest holder of B (eg a person who holds shares in it or is entitled to
solicitor for a minimum of three years since admission, be self-employed and exercise any voting rights).
practise in their own name, take out indemnity insurance in respect of all the
services they provide, does not employ anyone in connection with those services Alternatively (or in addition to the above), a body (‘B’) will be a licensable body if:
1. nother body (‘A’) is a manager of B, or is an interest holder of B; and
