As a regulated consultant I can offer more

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"Traditionally, qualified Solicitors work for a regulated law firm. However, over the last few years, more and more Solicitors have opted to become Consultant Solicitors. We're still as heavily regulated as any other Solicitor and we still have to follow the same set of professional conduct rules. The difference is that as a Consultant we work on a self-employed basis for regulated law firms as and when we do regulated work. How much regulated work we decide to do as a Consultant and on what terms is agreed between the Solicitor and each regulated law firm. 

That leaves the Solicitor with the flexibility to do whatever else they want during their working week. They can do something completely different with their time or they can do non-regulated legal work. That might seem a bit odd but there are some types of legal work that can be done by anyone - you don't have to be qualified (although it is probably best if you are). The question is whether you are "providing reserved legal services." If you are then the rules say that you need to do that work through a regulated law firm. However, if you're not doing regulated work, then you don't. This is why we have things like debt collection agencies and businesses that provide HR employment advice. These businesses tend not to be regulated because they are not doing regulated work. 

Section 15 of the Legal Services Act 2007 sets out the answer in more detail. It states that you can only do certain types of legal work if you are regulated. These are set out in section 12 and schedule 2 of the Legal Services Act 2007. They are:-

a. Speaking at certain Court hearings. Known as Rights of Audience.

b. Conducting litigation (unless it is a case in an employment tribunal).

c. Reserved instrument activities. A lot of this concerns Land Registry work. 

d. Probate activities.

e. Notarial activities. 

f. Administering Oaths. 

"Conducting litigation" is defined at schedule 2 as "the issuing of proceedings", "defending a claim" or the performance of ancillary functions in relation to such proceedings. This means that anything before proceedings are issued is not classed as a reserved activity and do not require a regulated law firm. By using a Consultant Solicitor you get the best of both worlds. I am able to deal with your problems from start to finish and you can be confident that the matter is in safe hands throughout.  

So why not conduct a root and branch review of your legal spend today and get in touch to find out more."

James Perry, Consultant Solicitor and MD of Yorks Law Ltd