Legal Sevice思维导图
Legal Sevice
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思维导图大纲
Legal Sevice思维导图模板大纲
role of SRA
7 regulators under Legal Service Board
1-SAR
solicitors
non-lawyers in law firm
RFLs-registered foreign lawyers
RELs-registered European lawyers
2-Bar Standard Board
barristers
3-CILEX
legal executives who specialize in specific areas
4-Intellectual Property Regulation Board
patent and trademark lawyers
5-Council of Licensed Conveyancers
property/probate transaction
6-Costs Lawyer Standard Board
preparation of bills and schedule of costs
7-Master of Faculties
notories
reserved legal activities
exercise a right of audience
conduct of litigation
reserved instrument activities - property transfer
probate activities
notarial activities
administration of oath-affidavits
professional indemnity insurances -
standard: adequate and appropriate
freelance solicitors (no employee): if not carry out reserved legal activities, no need insurance
non-commercial body solicitor: if carry out reserved legal activities, need insurance
funding of legal service
principle - explain the best arrangement to the client
non-litigation
private funding - retainer
fixed fee financing -VAT included
litigation
private funding
pay up front by client
no win no fee-conditional fee agreement (usually not used in family proceedings)
fee uplift by an agreed percentage limitation: 100%
contingency fee - damages based agreement
percentage of damages award limitation: 25% personal injury; 50% other matter
third party funding ("litigation funding"）
funder expected a profit of 15%-45% fo the actual costs
insurer
before the event (car policy)
cover legal costs
after the event (after accident occur)
cover disbursement and the other side's legal costs
union cover
legal aid "public funding"
apply to
housing, family, debt disputes/ criminal cases
cannot be charged with the other side costs
test
means test
consider client's finances, client may pay a part
merits test
show interests of justice
money laundering
3 stages
placement: place crime proceeds in financial system
layering: obscuring the origins of the proceeds by complex transactions
integration: make fund appear to legitimate fund
predicate offence
assume criminal offence have occurred to raise money
offences
direct
types
concealing
arrangement
acquisition
subjective test
knew or suspected
defences
authorised disclosure
notifying authorities asap, before act takes place
if after take place, must have good reasons
legal profession privilege
cannot apply if you know there is money laundering
if merely suspect
if suspect correct, no privilege
if suspect not found, remain privilege
adequate consideration
criminal property is gained for adequate consideration (e.g. receiving legal fee). but if know or suspect, this defence not avaiable
indirect
types
failing to disclose
tipping off: warn money launderer
prejudicing investigation: falsifying information
objective test: know or suspect or ought to have known or suspected
defences
legal professional privilege
lack of training
disclose to other legal professional
disclose in connection with legal proceedings
ordinary litigation is not affected, but sham litigation maybe money laundering
regulated activities by law
buy, sell real property, business, manage client money and assets, opening bank and security account,company and trust operation
CDD customer due deligence KYC know your client
trigger
transaction more than 15,000 euros
requirement
identify client and verify their identity
identify beneficial owner
client identification procedures
MLRO money laundering reporting officer
financial services
General Prohibition
criminal offence to carry out regulated activity without authorization exemption
regulated activities
specified activity
advising, arranging, dealing as agent, managing assets for others
specified investment
insurance, shares and securities, debentures, mortgage, pension, funeral plan
in course of business
if personal occasions, not apply
exclusion
takeover exclusion: buy more than 50% share of a company
acting as trustee, nominee, PR
acting through authorised person exclusion: refer client to regulated advisor
not available to insurance
necessary exclusion: reasonably be regarded as necessary part of performing legal service
exemption
members of designated professional bodies exemption
when you provide financial service incidentally to provide legal service.
not available for insurance products
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