THE DAILY PRACTICE
Legal Services
One question. One rule to remember. Browse the published practice.
Which activities are reserved legal activities? Probate activities v will-writing (Legal Services Act 2007 s.12 and Sch 2)
Which of the following best identifies the service that is a reserved legal activity under the Legal Services Act 2007?
Conflict between SRA Principles: the wider public interest prevails over the client's interests
Which of the following best states how Ifeoma must resolve the tension between the SRA Principles in this situation?
Reserved instrument activities: Land Registry transfer v wills and powers of attorney (LSA Sch 2)
Which document can Gareth's business NOT lawfully prepare for a fee, because preparing it is a reserved legal activity?
Admitting a non-lawyer member to a law firm LLP makes it a licensable body (LSA 2007 s.72)
What is the regulatory consequence of admitting Priya as a member of the LLP?
Closing a firm with no successor: six years' run-off cover under the SRA Minimum Terms
Which of the following best describes the indemnity insurance position for Martina's claim?
SRA Transparency Rules: which advertised service requires published cost information?
For which advertised service must the firm publish cost information on its website under the SRA Transparency Rules?
Equality Act 2010: no charging a disabled client for a reasonable adjustment (s.20(7))
What is the correct position on the interpreter's fees?
Savings built up from tax evasion are criminal property (POCA 2002 s.340)
Which of the following best describes the status of the savings under Part 7 of the Proceeds of Crime Act 2002?
Conducting and settling litigation is not a s.328 POCA arrangement (Bowman v Fels)
Which of the following best describes Mehmet's position under the Proceeds of Crime Act 2002?
Failure to disclose (POCA s.330): no privilege for information given to further a crime
What is Joanna's obligation under s.330 of the Proceeds of Crime Act 2002?
Tipping off: telling a client of a report to dissuade an offence (POCA ss.333A and 333D(2))
Has Grace committed the offence of tipping off under s.333A of the Proceeds of Crime Act 2002?
Deemed consent after a DAML: the seven working day notice period (POCA s.335)
Assuming the NCA does not give notice refusing consent, from which date may the firm first treat itself as having the appropriate consent to complete?
Domestic politically exposed persons: enhanced due diligence still required (MLR 2017 reg 35)
Under the Money Laundering Regulations 2017, what must the firm do in addition to its standard customer due diligence before establishing the business relationship?
Beneficial owners of a company client: individuals holding more than 25% (MLR 2017 reg 5)
Which individual or individuals are beneficial owners of the company under the Money Laundering Regulations 2017?
Breach of the general prohibition: agreement unenforceable against the client (FSMA s.26)
Which of the following best describes the civil consequences of the agreement with Elena?
Recognising a specified investment: company shares v land and goods (RAO art 76)
Which asset is a specified investment for the purposes of the Financial Services and Markets Act 2000?
Introducing a client to an independent financial adviser: the introducing exclusion (RAO art 33)
Which of the following best describes whether Rupert's introduction is a regulated activity?
Commission and the Part 20 exemption: accounting to the client (FSMA 2000 s.327(3))
What must the firm do with the commission if it is to continue to rely on the exemption for professional firms?
SRA Financial Services (Scope) Rules: acting as nominated adviser on an AIM admission is prohibited
Which role is Kingsley Ruiz LLP prohibited from taking by the SRA Financial Services (Scope) Rules?
Personal injury CFA: success fee capped at 25% of damages excluding future loss (2013 Order)
What is the maximum success fee the firm may charge Nadia?
CFA success fees are not recoverable from the losing opponent (CLSA 1990 s.58A(6))
Which of the following is the correct answer to Callum's question?
Damages-based agreements in employment claims: the 35% cap including VAT (DBA Regs reg 7)
What is the maximum payment the firm may receive from Aisha under the damages-based agreement?
Civil legal aid scope: possession of the client's home v excluded services (LASPO Sch 1)
Whose matter is within the scope of civil legal aid under Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012?
Legal expenses insurance: checking for before-the-event cover at the outset (Sarwar v Alam)
Which step best reflects proper practice for the solicitor when considering funding at the outset?
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