A new model of practice – The Benefits
From November 2019 solicitors have the option to choose a new class or a new model of practice – as sole solicitors-coined as “freelance solicitors” A freelance solicitor will be able to provide reserved and / or non-reserved* legal advice to the public without the requirement to register as an SRA (Solicitor Regulation Authority) recognised sole practitioner; they do not have to be authorised or regulated by the SRA. One benefit to the public is that they can practise on their own and will be able to deliver legal services directly to the public. There is no duty for freelance solicitors who provide unreserved legal activities to have any PII (Professional Indemnity Insurance) cover in place, while freelance solicitors providing reserved activities must take out ‘adequate and appropriate’ cover.
Increases client access to cheaper legal services
The SRA’s objective is to:
“…encourage growth within in legal services”.
The SRA have cited that only one in ten people who require legal advice actually seek out legal advice. Their objective is to encourage flexibility and growth in the legal services market. By reducing the regulatory requirements for solicitors who want to practice on a freelance basis the rationale is to increase client access to cheaper legal services. The SRA’s objective [of the “Looking to the Future” programme] is to encourage growth within in legal services, citing that only one in ten people who require legal advice actually seek out legal advice. The SRA believe that by reducing the regulatory framework in which solicitors must operate in, costs will be lower, increasing their ability to practice on a freelance basis. This in turn will lead to the public being able to access more cost-effective legal services. In principle, the reforms should provide a wider choice of providers of legal services to the public. The need to loosen the regulatory framework is in an attempt to increase the supply and access to legal services.
Experience and Standard of Services Provided
The SRA has imposed restrictions on the freelancers with a view to protecting customers. In order to go freelance, a solicitor must have a minimum three years’ experience and there will be restrictions on holding client money. The SRA expects the client money rules to cause a swing towards the use of third party managed accounts in place of client accounts (similar to that used by barristers) which it favours for all solicitors.
Freelance Solicitors are not allowed to employ anyone else in connection with the services they provide. So the work is always personally done by an experienced solicitor; not by a junior paralegal, for instance.
Must trade in their own name
Freelance Solicitors must be, as any other solicitor must be, open and transparent. Trading in their own name enhances this principle.
*Reserved Activities include: exercising the right of audience (speaking in court), conducting litigation (doing other court work), administering oaths, notarial activities, reserved instrument activities (such as conveyancing) and probate activities. Other legal services are unreserved and can be done by lawyers and /or others who may not be qualified lawyers
A new model of practice – The Benefits
From November 2019 solicitors have the option to choose a new class or a new model of practice – as sole solicitors-coined as “freelance solicitors” A freelance solicitor will be able to provide reserved and / or non-reserved* legal advice to the public without the requirement to register as an SRA (Solicitor Regulation Authority) recognised sole practitioner; they do not have to be authorised or regulated by the SRA. One benefit to the public is that they can practise on their own and will be able to deliver legal services directly to the public. There is no duty for freelance solicitors who provide unreserved legal activities to have any PII (Professional Indemnity Insurance) cover in place, while freelance solicitors providing reserved activities must take out ‘adequate and appropriate’ cover.
Increases client access to cheaper legal services
The SRA’s objective is to:
“…encourage growth within in legal services”.
The SRA have cited that only one in ten people who require legal advice actually seek out legal advice. Their objective is to encourage flexibility and growth in the legal services market. By reducing the regulatory requirements for solicitors who want to practice on a freelance basis the rationale is to increase client access to cheaper legal services. The SRA’s objective [of the “Looking to the Future” programme] is to encourage growth within in legal services, citing that only one in ten people who require legal advice actually seek out legal advice. The SRA believe that by reducing the regulatory framework in which solicitors must operate in, costs will be lower, increasing their ability to practice on a freelance basis. This in turn will lead to the public being able to access more cost-effective legal services. In principle, the reforms should provide a wider choice of providers of legal services to the public. The need to loosen the regulatory framework is in an attempt to increase the supply and access to legal services.
Experience and Standard of Services Provided
The SRA has imposed restrictions on the freelancers with a view to protecting customers. In order to go freelance, a solicitor must have a minimum three years’ experience and there will be restrictions on holding client money. The SRA expects the client money rules to cause a swing towards the use of third party managed accounts in place of client accounts (similar to that used by barristers) which it favours for all solicitors.
Freelance Solicitors are not allowed to employ anyone else in connection with the services they provide. So the work is always personally done by an experienced solicitor; not by a junior paralegal, for instance.
Must trade in their own name
Freelance Solicitors must be, as any other solicitor must be, open and transparent. Trading in their own name enhances this principle.
*Reserved Activities include: exercising the right of audience (speaking in court), conducting litigation (doing other court work), administering oaths, notarial activities, reserved instrument activities (such as conveyancing) and probate activities. Other legal services are unreserved and can be done by lawyers and /or others who may not be qualified lawyers