PCR Lecture 2
Terms
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- What is meant by a sole practitioner in the context of the type of business of a law firm?
- Sole practitioner means a sole principal.
- Can a sole practitioner employe several qualified solicitors?
- Yes, as long as those solicitors are not also principals (e.g. not partners or co-owners) of the practice.
- How would a company go about becoming a recognised body?
- An application must be made to the SRA and renewed annually on 31 October.
- Who keeps a list of recognised bodies?
- The SRA
- What is required in the context of pro-bono work?
- 'An indemnity reasonably equivalent to that required under the SRA Indemnity Insurance Rules'
- From which date were ABS allowed to trade?
- 6 October 2011
- What is a COLP?
- COLP stands for a Compliance Officer for Legal Practice.
- What is a COFA?
- COFA stands for a Compliance Officer for Finance and Administration
- Are all firms authorised and regulated by the SRA required to appoint a COLP and COFA? If so, what is your authority?
- Yes - the SRA Authorisation Rules for Legal Services Bodies and Licensable Bodies 2011
- Can one person be a firm's COFA and COLP?
- Yes
- What section of the Code prohibits the owners and managers of a firm abrogating their responsibilities to a COLP or COFA
- O(10.12)
- Where can the SRA refer matters related to the poor quality of a solicitor's work?
- The Solicitors Disciplinary Tribunal
- Who can bring a complaint to the Legal Ombudsman?
-
NB: Lawyer must be registered in E&W. Firm entitled to 8 weeks to resolve before referral
Individuals, small businesses, charities, clubs and trusts - What is meant by a small business in terms of who can bring a claim to the LO?
- 'Micro-enterprises' - less than 10 employees and a balance sheet of less than 2 million euros
- What is the case fee that the LO can charge lawyers?
- £400.00
- How long does a client have to bring a complaint to the LO?
- up to six months from lawyer's reponse
- What are the hard and fast deadlines for complaining to the LO?
-
1) 6 years from date of act or omission; or
2) 3 years from when the C should reasonably have known there was cause for a complaint. - What should you note if a solicitor's bill involves court work?
- This is classed as 'contentious' and a client can get its bill checked by the court, rather then the LO for example.
- What is the SDT?
- A statutory body wholly independent of the Law Society
- When did the money laundering provisions of POCA come into force?
- 24 February 2003