Regulation of legal services, professional conduct, and the legal profession.
The Regulatory Role of the SRA
SRA Principles, reserved legal activities, professional indemnity insurance, overriding obligations, equality, and SRA Standards and Regulations
Money Laundering
AML legislation, POCA 2002 offences, Terrorism Act 2000, reporting obligations, due diligence requirements, and Money Laundering Regulations 2017
Financial Services
Financial services regulatory framework, FSMA 2000, specified investments and activities, solicitor exemptions, and SRA Financial Services Rules
Funding Options for Legal Services
Private retainers, CFAs, DBAs, fixed fees, legal aid (criminal and civil), third party funding, and legal expenses insurance
Conflicts, Confidentiality and Disclosure
Own interest and client conflicts, the two exceptions and their conditions, the duty of confidentiality, the duty to disclose material information, and what happens when the two collide
Try before you buy
Real SBA questions from the Legal Services bank, with the full explanation. The paid bank covers all 5 topics and difficulty levels.
A man who is not a solicitor and is not authorised by any legal services regulator runs a business advising small companies. A company that has agreed to buy a freehold warehouse asks him to handle the purchase and the paperwork that goes with it. He is willing to do whatever he lawfully can, and to refer anything else to an authorised person.
Which of the following steps must the man refer to an authorised person?
A firm is instructed by a new client on a personal injury claim. The client is registered blind, reads documents using screen-reader software, and asks for the client care letter and terms of business as accessible electronic files. The firm's practice manager replies that the firm sends everything by post in standard print, that converting the documents would take staff time the firm cannot spare, and that the client is welcome to pay for the conversion.
Must the firm provide the documents in the format the client has asked for?
A solicitor holding a current practising certificate is employed in the legal department of a manufacturing company. The company is not authorised by the SRA. A director asks the solicitor to send a letter to a supplier stating that a payment has already been made, which the solicitor knows to be untrue. The supplier has asked for written confirmation before releasing the next delivery. When the solicitor objects, the director replies that the SRA's rules govern law firms, and that the solicitor's only duty is to the company that employs and pays them.
Is the director right that the SRA's Code does not apply to the solicitor?
The SRA proposes to change its rules on the way firms hold client money, and has said the change will take effect next year. A group of firms considers it unnecessary and expensive. They are told that the SRA cannot bring the new rules into force on its own, and that another body must first approve the alteration. The approval turns on whether the change is compatible with the regulatory objectives set out in the Act. One of the firms suggests writing instead to the Law Society, on the basis that the SRA is its regulatory arm, and another suggests the Ministry of Justice.
Which body oversees the SRA and must approve the proposed rule change?
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