Are there any exemptions or exceptions to the prohibition on
carrying out Reserved Legal Activities?
There are some limited circumstances.
- You may carry out reserved instrument
activities or probate activities if the activities are not carried
out for, or in expectation of, any fee, gain or reward. This would
mean that you could, for example, undertake the conveyancing for
the purchase of a house for a family member, so long as you
received no payment or any other form of compensation.
- A court may grant a non-authorised person the
right to conduct litigation and/or exercise a right of audience in
a particular set of proceedings. However, this should not be relied
upon or assumed. It is possible that a court may only grant a
non-authorised person rights which are similar to those granted to
a McKenzie Friend.
- The Civil Procedure Rules (CPR) allow a lay
representative a right of audience in the small claims track. The
CPR also allows a court to authorise an employee of a company to
exercise a right of audience. This may apply to members working
in-house. However, you should ensure you are fully familiar and
comply with the provisions of the CPR before exercising any such
In carrying out any of these activities, you
must be competent to do so in accordance with Principle 5 of the
code of conduct.
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