united-kingdom consumer-protection legal-writing solicitor
Can An Unregulated Firm Without Any Solicitors Send Pre Action Protocol Letters?
<p>As I understand it, in the UK:</p>
<p>(a) The provision of legal advice or assistance in connection with the application of the law or with any form of resolution of legal disputes;</p>
<p>(b) The provision of representation in connection with any matter concerning the application of the law or any form of resolution of legal disputes.</p>
<p>are unreserved legal activities. My understanding is that writing a letter before action on behalf of one of a person would fall under (b) above and thus no formal qualifications or regulation are required. Is that assumption correct?</p>
<p>For the avoidance of all doubt, as a hypothetical scenario, if a company was to write and send a letter before action on their own letterhead stating that we are representing &quot;Alice&quot; and explaining why Alice intends to take legal action would this be legal without being a registered solicitor?</p>
<p>Thanks</p>

<p>You can't legally represent someone without being authorised or exempt under sections <a href="https://www.legislation.gov.uk/ukpga/2007/29/section/18" rel="nofollow noreferrer">18</a> and <a href="https://www.legislation.gov.uk/ukpga/2007/29/section/19" rel="nofollow noreferrer">19</a> of the Legal Services Act 2007:</p>
<p>This is because both the &quot;right of audience&quot; and the &quot;conduct of litigation&quot; is a reserved legal activity under <a href="https://www.legislation.gov.uk/ukpga/2007/29/section/12" rel="nofollow noreferrer">section 12</a> of the Act:</p>
<blockquote>
<p>(1) In this Act “reserved legal activity” means—</p>
<p>(a) the exercise of a right of audience;</p>
<p>(b) the conduct of litigation;</p>
<p>(c) reserved instrument activities;</p>
<p>(d) probate activities;</p>
<p>(e) notarial activities;</p>
<p>(f) the administration of oaths.</p>
</blockquote>
<p>It is an offence under <a href="https://www.legislation.gov.uk/ukpga/2007/29/section/14" rel="nofollow noreferrer">section 14</a> of the Act to carry out any of the above, as well as being an offence under <a href="https://www.legislation.gov.uk/ukpga/2007/29/section/17" rel="nofollow noreferrer">section 17</a> to pretend to be entitled. Furthermore, anyone professing to be entitled to conduct litigation when not so entitled would also be in contempt of court.</p>
<p>However, you may provide the following services without qualification:</p>
<blockquote>
<p>(i) the provision of legal advice or assistance in connection with the application of the law or with any form of resolution of legal disputes;</p>
<p>(ii) the provision of representation in connection with any matter concerning the application of the law or any form of resolution of legal disputes.</p>
</blockquote>
<p>as these are not reserved legal activities and are not regulated by the Act. So, you could provide a template letter for the person to write and send off their own letter before action, but you wouldn't be allowed to send it on their behalf.</p>
<p>This is because, arguably, letters before action are part of the expected pre-action protocol under the Civil Procedure Rules and therefore constitute part of the conduct of litigation as they are issued as an ancillary function and indeed clause c of <a href="https://www.legislation.gov.uk/ukpga/2007/29/schedule/2/crossheading/conduct-of-litigation" rel="nofollow noreferrer">Schedule 2, part 4 of the Act</a> covers such ancillary functions:</p>
<blockquote>
<p>The “conduct of litigation” means—</p>
<p>(a) the issuing of proceedings before any court in England and Wales,</p>
<p>(b) the commencement, prosecution and defence of such proceedings, and</p>
<p>(c) the performance of any ancillary functions in relation to such proceedings (such as entering appearances to actions).</p>
</blockquote>
<p>Therefore, you cannot send the letter on behalf of Alice and you cannot represent to be a solicitor, barrister, lawyer, etc. at any point on your website or in your communications with anybody.</p>
