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Changing Legal Permissions

 

CLC Practices must only accept instructions and fees for the legal services expressly permitted on the Practice Licence, this includes reserved and non-reserved activities.

 

Reserved Legal Services

The reserved legal services we regulate are Conveyancing Services and Probate Activities. CLC Lawyers are also Commissioners of Oaths, and can administer an oath, take an affidavit, or attest a signature where this is required by the court or for a specific type of document.

 

Non-Reserved Legal Services

The non-reserved legal services that can be applied for as a permission on a CLC Recognised Body or ABS Practice Licence are:

Drafting a will on the instructions of an individual and arranging for it validly made.

During a person’s life, management, and disposal of that person’s estate in the event of incapacity and/or death.

Drafting a deed of trust for the management of an estate and/or acting as a trustee as directed in the deed of trust. Such as:

  1. Asset protection trust (property)
  2. Pilot trust (property)
  3. Letters of wishes
  4. Registering trusts with HMRC, limitations may apply, for example exclusion of work in association with offshore companies

On the instructions of the donor, completing and submitting the form for registration of an attorney to help the donor make decisions or make decisions on their behalf if they become incapacitated. There are two types of LPA: health and welfare and property and financial affairs.

Appointed by the Court of Protection to act as a property and financial affairs deputy for an individual who is unable to make decisions for themselves.  Such as:

  1. assisting a client to complete forms enabling them to apply for a deputyship so they can manage their fathers/mother’s/family members affairs where they/he/her lacks mental capacity
  2. the appointment of a co-trustee to enable a property to be sold where one of the owners lacks mental capacity
  3. making an application for payment of costs incurred where a deputy is owed money

 

CLC Practices must cease to act where a matter becomes contested resulting in an application to court (e.g. a dispute between family members as to the provision to be made where someone has lost capacity).

The process after someone has died of collecting in the assets of the estate, paying the debts of the estate (including any taxes) and distributing any remaining assets to those entitled under a will or, if there is no will, as provided by statute.

Specialist Tax Advice

 

Although CLC practices should not offer Tax advice they may act on transactions that require an element of specialist tax advice as an ancillary aspect of a regulated legal service so long as they recommend to their clients to obtain independent legal or financial advice on Tax.  Practices should request sight of a copy of the advice the clients receive in order to ensure that the work they are carrying out suits the particular requirements of each client. Should the client refuse to obtain specialist tax advice for whatever reason, the Practice must cease acting because to continuing would not be in the clients’ best interest.

 

The practice must make clear in its terms of engagement and advice to the client that the practice does not provide tax advice or opinions, and that the client should take independent advice from a tax specialist when required. The tax advice provided by other legal and financial professionals falls outside those services regulated by the CLC and is not covered under the provisions of the CLC’s Compensation Fund, or the practice’s professional indemnity insurance.

 

What to consider when thinking about offering new legal services

Any services that you intend to add the practice licence must be either provided by or directly supervised by an Authorised Person (Solicitor,  CLC lawyer, FCILEX Practitioner), with the appropriate practicing permissions and verifiable occupational experience. They should have a current a valid and current licence free conditions. Ideally, this individual should be a member of  the practice’s key personnel, or a registered manager at the practice. They will also be required to demonstrate that their most resent Ongoing Competency activity has covered the areas of law being requested.

 

Practicing permissions will be verified on the Law Society website, CLC and CILEX register. Contracts of employment will be required as evidence of satisfactory employment and notice arrangements.

 

Individuals that are subject to disciplinary investigation, allegations, action or sanctions (such as suspensions, disqualifications and strike -off)  will not considered fit and proper persons.

 

Showing Permissions on a Practice Licence

Subject to satisfactory results on practising rights, fitness checks and contractual arrangements, the CLC may agree to list the permission on the practice licence:

  1. free on conditions, or
  2. under the condition of supervision of a named Authorised Person.

 

You will be asked to tell us your assessment of:

  • complexity or the types of matters/instructions that the business intends to accept or not accept. It's important to explain any limitation to either the nature of the services or the characteristics of clients. For example, dealing with non-taxable but excluding taxable estates. Or, declining to act for clients with property/assets held abroad?
  • anticipated volume of work by type of transaction type
  • to explain supervision and client protection arrangements, including specific medium/long term cover arrangements where there is a named Authorised Person

 

PII Considerations

The legal services listed on a practice licence must be identical to those declared to the PII broker in the proposal form (each year) for the purpose of obtaining CLC compliant insurance.

 

How to apply to add a permission to an existing licence

 

  1. Complete the application request form below to receive an application form
  2. Submit the form and all supporting evidence about the Authorised Person supervising the work, including their CV and evidence of their ongoing competency activity.
  3. Pay Application Fee
  4. CLC confirms acceptance of a complete application (28 days starts) or rejection of an in-complete application
  5. Application enquiries
  6. Decision in principle notified to practice
  7. Practice provides CLC with written confirmation from the PII broker of additional coverage
  8. Pay licence modification fee to received updated licence

The processing period starts once the fees have been paid. Applications take up to 28 days to process following a completed application being accepted. More complex applications may take up to 42 days. We will confirm if this applies to you.

Please click here to see our Licensing Application Fees.

If you believe that your practice may have accepted instructions and taken fees for services not listed on its licence, please email licensing@clc-uk.org so we can contact you to discuss your circumstances.

 

Application Request Form

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