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15 Cards in this Set

  • Front
  • Back

What Act regulates the Legal industry, and made major reforms with regard to how services are provided and regulated?

Legal Services Act 2007 (LSA 2007)

The three legal professions covered by the LSA are:



Legal Executives



Solicitors



Barristers



Name the 3 bodies that represent and regulate these three professions - remember each body has been split into 2 under the LSA 2007 reforms, so each body has its representative function and its regulatory function

Cilex (representative)


Cilex regulation (regulatory)



The Law Society (representative)


Solicitors Regulation Authority (reg)



Bar Council (rep)


Bar Standards Board (reg)

What did the LSA 2007 create to regulate the legal regulators (ie cilx reg, sra, bar standards board)?

The Legal Services Board (LSB)

Sch 2 of the LSA 2007 lists what?

Reserved activities ie:



Rights of audience in court



Right to conduct litigation

Who are the reserved activities in Sch 2 of the LSA 2007 reserved for?

"authorised persons"



So, those authorised by an approved regulator

The LSA 2007 also formed the Office for Legal Complaints (OLC) which forms the Board of what?

LeO



(Legal Ombudsman) - which resolves complaints free of charge in a fair and independent way

Which 5 types of people does Leo serve?

Individuals



Small businesses



Charities



Clubs



Trusts

The LSA 2007 created ABSs. What are the 2 Alternative Business Structures it created?

Legal Disciplinary Practices (LDPs)



Multi Disciplinary Practices (MDPs)

When a chartered legal exec takes advocacy training (in civil, fam or crim) what do they then become?

A chartered legal exec advocate

Which part of the LSA 2007 reserves the rights of audience and right to administer oaths, for Legal execs?

s18

What does it mean that a legal exec can administer an oath?

It means that when a client is required to swear formally that a document is true, the legal exec can testify the oath was taken before them

Can any of the clx practitioners (immigration, conveyancing, probate) or a legal exec now run their own practice?

Yes



Regulated by clx regulation

What are some advantages to using arbitration?

Its:



Quick



Informal



Private (meaning parties can avoid any bad publicity)

Mediation means someone (possibly a lawyer but doesn't have to be) shuttles between 2 rooms of the parties to reach an agreement.



Mediation makes it possible for parties to stay on relatively friendly grounds.



Which 2 areas of law commonly uses mediation?

Family



Employment (usually facilitated by Acas)

What is a variant of mediation? And what is the difference between the two?

Conciliation



Difference is in conciliation the third party is more active. Meaning that they will make suggestions as to the solution. Whereas with mediation the parties make the suggestions.