Legal services
,Reserved legal activities
• These are activities that can just be carried out by solicitors and barristers.
1. The exercise of a right to audience: The right to appear before and address a court includin
right to call and examine witnesses.
2. The conduct of litigation: Commencing, prosecuting, issuing proceedings etc.
3. Reserved instrument activities: This includes preparing and lodging an instrument (formal
document) dealing with the transfer or charge of land (eg a contract for the sale of land),
instrument relating to court proceedings. wills and power of attorney are excluded
4. Probate activities: ‘Probate papers’ the documents needed to obtain a gran
probate or a grant of letters of administration or documents to oppose such a grant
5. Notarial activities: Those activities essentially relate to certifying and authenticating ce
documents.
6. The administration of oaths: This is the power to administer an oath, for example wh
document, such as an affidavit, is required to be sworn.
,Authorisation
• Reserved legal activities can only be performed by authorised or exempt individuals under the
Services Act 2007.
• Authorization is granted by approved regulators (e.g., the SRA for solicitors).
• The Law Society is the approved regulator for solicitors named in the LSA 2007, but the regulatory fun
is carried out in practice by the SRA.
• SRA oversees most reserved legal activities except notarial activities.
• An authorised provider is subject to regulation by their own regulator in respect of all the legal se
they provide, not just those falling within the definition of reserved legal activities.
• Exemptions exist, such as:
- A court granting rights of audience in a specific case (e.g., a McKenzie friend).
- Employees acting under supervision of an authorised person in probate activities.
- Charities and trade unions in certain cases.
• Unauthorised practice of a reserved legal activity is a criminal offence, punishable by up to two y
imprisonment.
• Unauthorised individuals carrying out right to audience or conduct of litigation may also be in contem
court
, Legal Services Board
• A body can only act as a regulator for legal services under the LSA 2007 if it is approved b
LSB. The LSB therefore oversees and coordinates the regulation of legal services.
,Reserved legal activities
• These are activities that can just be carried out by solicitors and barristers.
1. The exercise of a right to audience: The right to appear before and address a court includin
right to call and examine witnesses.
2. The conduct of litigation: Commencing, prosecuting, issuing proceedings etc.
3. Reserved instrument activities: This includes preparing and lodging an instrument (formal
document) dealing with the transfer or charge of land (eg a contract for the sale of land),
instrument relating to court proceedings. wills and power of attorney are excluded
4. Probate activities: ‘Probate papers’ the documents needed to obtain a gran
probate or a grant of letters of administration or documents to oppose such a grant
5. Notarial activities: Those activities essentially relate to certifying and authenticating ce
documents.
6. The administration of oaths: This is the power to administer an oath, for example wh
document, such as an affidavit, is required to be sworn.
,Authorisation
• Reserved legal activities can only be performed by authorised or exempt individuals under the
Services Act 2007.
• Authorization is granted by approved regulators (e.g., the SRA for solicitors).
• The Law Society is the approved regulator for solicitors named in the LSA 2007, but the regulatory fun
is carried out in practice by the SRA.
• SRA oversees most reserved legal activities except notarial activities.
• An authorised provider is subject to regulation by their own regulator in respect of all the legal se
they provide, not just those falling within the definition of reserved legal activities.
• Exemptions exist, such as:
- A court granting rights of audience in a specific case (e.g., a McKenzie friend).
- Employees acting under supervision of an authorised person in probate activities.
- Charities and trade unions in certain cases.
• Unauthorised practice of a reserved legal activity is a criminal offence, punishable by up to two y
imprisonment.
• Unauthorised individuals carrying out right to audience or conduct of litigation may also be in contem
court
, Legal Services Board
• A body can only act as a regulator for legal services under the LSA 2007 if it is approved b
LSB. The LSB therefore oversees and coordinates the regulation of legal services.
