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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8723
Experience:  I have been practising for 30 years.
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I would like to now if the drafting of contracts against a

Resolved Question:

Good morning
I would like to now if the drafting of contracts against a fee is a reserved activity under the Legal Service Act 2007 or if this can be offered by any competent but unregulated person.
The contracts I am referring to in my question are obviously not conveyancing contracts but all contracts that can occur in the equine industry such as contracts of sales and purchases of goods, livery agreements, employment contracts, breeding service agreements etc.
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 4 months ago.

Please can you tell me a bit more about the situation or circumstances so that I can advise. Thank you

Customer: replied 4 months ago.
I am a Swiss solicitor and currently undertaking the QLTS exams to transform my solicitors degree to a UK one.I am planning to start a business as a consultant (no practice certificate etc) and mediator in the equine industry. Part of my services would be the drafting of contracts, such as sales contracts (not real estate related) and I wanted to know whether that could infringe with the Legal Service Act 2007.
Expert:  Ben Jones replied 4 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 4 months ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  Nicola-mod replied 4 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 4 months ago.
Hi NicolaI am happy to wait a little longer. It is a very straight forward legal question, which shouldn't be too difficult to answer by a solicitor.Kind regards,Marnie
Expert:  Nicola-mod replied 4 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  F E Smith replied 4 months ago.

You cannot call yourself a solicitor unless you have a practising certificate.

You can call yourself a lawyer because lawyer is a generic term and you are indeed a lawyer.

The reserved activities for which you must have a practice certificate are shown below.

http://www.legalservicesboard.org.uk/can_we_help/faqs/Reserved_Legal_Activities.htm

incidentally, if you are working in a solicitors office and you are on the roll of solicitors, even though you may not be working as a solicitor but, for example, are just answering the phone on reception, you must still have a practising certificate.

Provided what you propose to do, does not come under any of the descriptions in the above list, there is no problem in doing what you propose.

Incidentally, even the giving of legal advice is not regulated.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 4 months ago.
Thank you for your answer. What you say corresponds with my researches. Do you agree that the reserved instruments under the Legal Service Act 2007 are all related to either real estate/conveyancing or probate matter but do not include contracts like sale/purchase of goods, renting of stables etc?I would like to offer contract drafting services for the equine industry. In my opinion that should contain only unregulated activities.Kind regards,Marnie
Expert:  F E Smith replied 4 months ago.

That’s correct, provided it doesn’t need registering at the land Registry. Hence, could draft tenancy agreements (as estate agents do) for commercial or residential property provided the tenancy agreement/lease is less than 7 years and hence doesn’t need registering with the land registry

F E Smith, Advocate
Category: Law
Satisfied Customers: 8723
Experience: I have been practising for 30 years.
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