Solicitor’s Professional Qualification Notes
Introduction to SPQ Business Law and Practice
1. Regulatory objectives 1. Sole Trader
2. Professional Principles 2. Partnerships
3. Competition and Markets Authority 3. LLP
4. Alternative Business Structures 4. Companies
5. Structure of the Profession 5. Shelf Companies
Professional Conduct and Introduction Property Law and Practice
to Accounts 1. Seller
1. Solicitors Regulation Authority 2. Buyer
2. Overarching Principles 3. Pre-contract searches and enquires
3. The Codes – Code for Solicitors and 4. Finances
Code for Firms
4. Conflict of Interests Litigation Law & Practice: Civil
5. Exceptions 1. Funding a civil claim
6. Confidentiality 2. No win no fee agreements
7. Disclosure 3. Insurance
8. Undertaking 4. Civil procedure rules
9. Financial Services 5. Pre-action procedure
Tax Litigation Law & Practice: Criminal
1. Income Tax 1. Classification of offences
2. Personal Allowance 2. Police ranks in PACE
3. Capital Gains Tax 3. Entry, search and seizure
4. Corporation Tax 4. Detainee’s rights
5. Inheritance Tax 5. Allocation of trial
6. Hearsay
7. Sentencing and mitigation
1
, Introduction to SPQ
Content:
Professional Conduct
Accounts
Business
Property
Litigation
Wills and Administration of Estates
Legal Services Act 2007:
Concerns about lawyers regulating lawyers
Wanted to make the legal services more open in the interest of the consumer
2003 – 2004 Clementi Review
- “To consider what regulatory framework would best promote competition, innovation
and the public and consumer interest in an efficient, effective and independent legal
sector”
2005 Government White Paper The Future of Legal Services – Putting Consumers
First
- “I don’t see why consumers should not be able to get legal services as easily as they
can buy a tin of beans” – Bridget Prentice
Led to:
- Legal Services Board – put in place a new system of regulation – lawyers were
looking after lawyers
- Legal Services Consumer Panel – gave consumers a voice
- Office for Legal Complaints/Legal Ombudsman – looks into complaints
- Alternative Business Structures – most revolutionary, allowed non-lawyers to
control law firms.
CORE CONCEPT
“Regulatory objectives” – s1(1) “Professional Principles” – s1(3)
(a) protecting and promoting the public Guides of the profession, ethical code
interest; that governs behaviour
(b) supporting the constitutional principle of (a) that authorised persons should act with
the rule of law; independence and integrity,
(c) improving access to justice; (b) that authorised persons should maintain
(d) protecting and promoting the interests of proper standards of work,
consumers; (c) that authorised persons should act in the
(e) promoting competition in the provision best interests of their clients,
of services…. (d) that persons who exercise before any
(f) encouraging an independent, strong, court a right of audience, or conduct
diverse and effective legal profession; litigation in relation to proceedings in
(g) increasing public understanding of the any court, by virtue of being authorised
citizen's legal rights and duties; persons should comply with their duty to
2
Introduction to SPQ Business Law and Practice
1. Regulatory objectives 1. Sole Trader
2. Professional Principles 2. Partnerships
3. Competition and Markets Authority 3. LLP
4. Alternative Business Structures 4. Companies
5. Structure of the Profession 5. Shelf Companies
Professional Conduct and Introduction Property Law and Practice
to Accounts 1. Seller
1. Solicitors Regulation Authority 2. Buyer
2. Overarching Principles 3. Pre-contract searches and enquires
3. The Codes – Code for Solicitors and 4. Finances
Code for Firms
4. Conflict of Interests Litigation Law & Practice: Civil
5. Exceptions 1. Funding a civil claim
6. Confidentiality 2. No win no fee agreements
7. Disclosure 3. Insurance
8. Undertaking 4. Civil procedure rules
9. Financial Services 5. Pre-action procedure
Tax Litigation Law & Practice: Criminal
1. Income Tax 1. Classification of offences
2. Personal Allowance 2. Police ranks in PACE
3. Capital Gains Tax 3. Entry, search and seizure
4. Corporation Tax 4. Detainee’s rights
5. Inheritance Tax 5. Allocation of trial
6. Hearsay
7. Sentencing and mitigation
1
, Introduction to SPQ
Content:
Professional Conduct
Accounts
Business
Property
Litigation
Wills and Administration of Estates
Legal Services Act 2007:
Concerns about lawyers regulating lawyers
Wanted to make the legal services more open in the interest of the consumer
2003 – 2004 Clementi Review
- “To consider what regulatory framework would best promote competition, innovation
and the public and consumer interest in an efficient, effective and independent legal
sector”
2005 Government White Paper The Future of Legal Services – Putting Consumers
First
- “I don’t see why consumers should not be able to get legal services as easily as they
can buy a tin of beans” – Bridget Prentice
Led to:
- Legal Services Board – put in place a new system of regulation – lawyers were
looking after lawyers
- Legal Services Consumer Panel – gave consumers a voice
- Office for Legal Complaints/Legal Ombudsman – looks into complaints
- Alternative Business Structures – most revolutionary, allowed non-lawyers to
control law firms.
CORE CONCEPT
“Regulatory objectives” – s1(1) “Professional Principles” – s1(3)
(a) protecting and promoting the public Guides of the profession, ethical code
interest; that governs behaviour
(b) supporting the constitutional principle of (a) that authorised persons should act with
the rule of law; independence and integrity,
(c) improving access to justice; (b) that authorised persons should maintain
(d) protecting and promoting the interests of proper standards of work,
consumers; (c) that authorised persons should act in the
(e) promoting competition in the provision best interests of their clients,
of services…. (d) that persons who exercise before any
(f) encouraging an independent, strong, court a right of audience, or conduct
diverse and effective legal profession; litigation in relation to proceedings in
(g) increasing public understanding of the any court, by virtue of being authorised
citizen's legal rights and duties; persons should comply with their duty to
2
