a quick reference guide for tech companies innovating in law
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Regulatory Navigation ToolA quick reference guide for tech companies innovating in lawAccurate as at 21 May 2021
Only a small portion of legal services are regulated. This document provides you with
guidance on where to go.
This tool is to help those innovating in law to navigate the regulatory landscape and quickly see which activities require regulatory approval or exemption.
There are six categories of legal services that are ‘reserved activities’ under the Legal Services Act 2007. These activities can only be carried out by people who are authorised or exempt under the legislation:
These activities fall into two categories:
1. Those that must be carried out by an authorised person and cannot be delegated. The exercise of a right of audience, notarial activities and the administration of oaths fall within this category.
2. Those that can also be undertaken at the direction of or under supervision of an authorised person. The conduct of litigation, reserved instrument activities and probate activities fall within this category.
We hope this tool helps you quickly determine if any activity you are considering is regulated under legal services regulation
and if so by which regulators. If your activity is not listed as a reserved activity, it means it is not caught by the Legal Services Act 2007.
We have also included a few activities that are not ‘reserved’ activities, but that are common questions for tech companies in law, for example ownership of legal businesses. These activities are not exhaustive and may be iterated on based on user feedback. If your activity is caught, you can consider:
• Partnering with a regulated legal services provider.• Applying to become a regulated legal services provider with
one of the legal services regulators listed.• Adjusting your services and innovating with the regulation –
help can be found within the RRU and the Lawtech Sandbox, as well as directly with specific regulators.
Whether or not your activity is ‘reserved’, other regulations and best practice may apply, for example data protection legislation and sector specific regulations such as financial and immigration services, money laundering and insurance.
This tool is intended as a signposting tool and a general starting point to support your own research. This tool should not be taken as legal advice and cannot replace specific analysis of and consultation on your plans and circumstances.
If you have feedback, suggestions or discover inaccuracies, please do let us know.
Why a Regulatory Navigation Tool?
Not reserved
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Reserved activity Activity description in tool
Exercise of a right of audience Speaking and addressing a court
Conduct of litigation Preparing and filing court documents
Reserved instrument activities Transfer documents
Probate activities Probate / Confirmation
Notarial activities Authentication (of documents)
The administration of oaths Oaths (making sworn legal statements)
Regulatory Navigation Tool | a quick reference guide for tech companies innovating in law
Ownership of a legal services business
Fee sharing with regulated legal businesses
Referral fees
Data processing for a regulated business
Authentication
Oaths
Probate / Confirmation
Transfer documents
Contingency fees
Speaking and adressing a court (not tribunal)
Preparing and filing court documents (not tribunal)
Association of Commercial Attorneys
ICAEW Regulatory Board
Master of the Faculties
Council for Licensed Conveyancers
Faculty of Advocates
The Law Society of Scotland
Bar Council ofNorthern Ireland
The Law Society of Northern Ireland
Costs Lawyer Standards Board
Intellectual Property Regulation Board
CILEx Regulation
Bar Standard Board
Solicitors Regulation Authority
Regulatory Navigation Tool - click an activity for details
England & Wales Scotland Northern Ireland
‘Reserved’ Legal activity that only regulated individuals and businesses can deliver ‘Reserved instruments’ A technical term that relates primarily to conveyancing, you may need to take advice‘Professional body’ A body that represents the interests of lawyers of different types (will have strong link with a regulator or be a regulator)
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Regulatory Navigation Tool
LawtechUKLawtechUK is a government backed initiative supporting the transformation of the legal sector through technology, delivered through a collaboration between Tech Nation, the LawtechUK Panel and the Ministry of Justice. Find out more at technation.io/lawtechuk
RRUThe Regulatory Response Unit (RRU) was convened by LawtechUK alongside the Lawtech Sandbox. The RRU brings together relevant regulators into a single, fast response forum, to make it easy for lawtech pioneers pushing the boundaries in innovation, to navigate the rules and move forward quickly and with confidence. Regulatory Navigation ToolThis tool was developed by LawtechUK in collaboration with the Regulatory Response Unit. Special thanks go to Iain Miller at Kingsley Napley and Crispin Passmore for the pro bono support in producing this. We will continue to develop out this tool where needed, and would value your feedback. You can submit feedback or register your interest to receive updates, by emailing [email protected].
Regulatory Navigation Tool | a quick reference guide for tech companies innovating in law 4