Exemptions or Exceptions
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 rights.
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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