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Ques: What
is the Criminal Record Bureau check? |
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Ans: The
Solicitors Regulation Authority (SRA) requires that
the
applicants for admission as a
solicitor in England and Wales be of
good character.
When you apply for a
Certificate of Eligibility to transfer to the roll
of
solicitors of England and Wales under
the Qualified Lawyers Transfer
Regulations, you must declare all the
matters that could affect your
suitability for admission including
criminal convictions from England
and Wales or elsewhere, and financial
matters such as insolvency or
entering into voluntary arrangements.
Failure to declare at this stage
of the process is a serious breach of
the admission requirements
and may result in refusal of
admission
When you successfully complete the
Qualified Lawyers Transfer
Test and have complied with any
experience requirements, you must
apply through the Solicitors Regulation
Authority (SRA) for a
standard disclosure from the Criminal Records
Bureau
(www.crb.gov.uk). As part of its quality programme to aid
consumer
protection, the Law Society’s Regulation Board has
introduced a
compulsory requirement for all individuals to
obtain a satisfactory
Criminal Records Bureau (CRB) check prior to admission
to the roll.
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Ques: Is an Indian advocate
required completing this Criminal
Record Bureau check? |
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Ans: We would like to inform you that if
you are living in India for more
than 5 years, you are not
required to do a CRB disclosure.
However, if you have
lived anywhere else other than India in the last
5 years and that country
appears on the CRB website, then you
would be required to do a
disclosure for that country.
The checklist of the countries
offering CRB check is available on:
http://www.crb.gov.uk/default.aspx?page=2243
If you required doing a CRB
disclosure, please request Solicitors
Regulation Authority (SRA) to
forward CRB standard disclosure
application form to you. If you
fail to obtain a satisfactory standard
disclosure, your application
for admission will be refused. The fee
for a criminal records check is
£ 47.
If you have any further queries
regarding the CRB check, kindly
contact the SRA directly at
their postal address: Information
Services Section, Solicitors
Regulation Authority (SRA), Ipsley
Court, Berrington Close,
Redditch, Worcestershire, B98 0TD, UK or
+44 (0) 1527 504450 Or Via
e-mail at contactcentre@sra.org.uk |
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| Ques:
What is the procedure to enrol as a solicitor? |
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Ans: Once an Indian lawyer
has successfully completed the QLTT,
he/she will be
able to apply for admission to the Roll of Solicitors
of the Supreme Court of
England & Wales. Fee for enrollment as
solicitor
with the SRA is
£100.00.This entitles an Indian
lawyer to practice as
an English solicitor
(subject to the SRA
requirements). For further
information please
contact the
SRA on the following address.
Contact Centre,
The Solicitors Regulation Authority (SRA),
Ipsley Court, Berrington Close, Redditch,
Worcestershire, B98 0TD, UK
T: +44 (0) 1527 504450
E:contactcentre@sra.org.uk
W:
www.sra.org.uk
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Ques:
What kind of support will be given by FLE or CLT to
enrol
the
candidate with the SRA as a solicitor? |
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Ans: Neither FLE
nor CLT can assist in this process, as it is
controlled
by the SRA.
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Ques:
Is the Practicing
Certificate compulsory for all who pass
QLTT? |
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Ans:
Whether or not you need a practicing certificate
is a complicated
issue. You
should seek guidance from the Professional Ethics
Division
(professional.ethics@sra.org.uk)
of the Solicitors
Regulation Authority (SRA).There is a
booklet on the SRA
website that
deals with
this issue and the link
is:
http://www.sra.org.uk/documents/downloads
/Profethics_PractisingCerts.pdf
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| Ques:
What is the Annual Fee to obtain a Practicing Certificate? |
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Ans: This changes every year, however the current fee for 2007/2008 is
£1,020 |
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| Ques:
Is there any concession to obtain a Practicing Certificate? |
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Ans: A reduced practicing certificate fee is available if the money you
earn from the provision of
legal services is less than £20,000. You
should seek advice from the SRA
Information Services
section on this matter. |
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Ques:
Is it compulsory to renew the Practicing Certificate
annually? |
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Ans:
This depends on where you are based geographically, the type of
work you are doing and if you are holding yourself out as an
English solicitor. You should seek advice from the
Professional Ethics Division of the SRA or read the
guidance booklet -see above
for the link and contact
details |
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Ques: What are the mandatory
requirements before opening own
solicitor practice? |
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Ans:
Open your own solicitors’ practice,
the practice rules state that
you must have:
1. a practicing certificate
2. qualifying insurance with a qualifying
insurer
3. a principal (or, if a company, a director;
or, if an LLP, a
member) who is "qualified to supervise";
4. to be "qualified to supervise", a solicitor
must have:
a. held a practicing
certificate for 36 months in
the last 10 years; and
b. undertaken 12 hours management skills
training.
If you feel that you have
justification to apply for a waiver in relation
to the length of time of holding a practicing
certificate and to take the management skills
training, you can do so by providing the
details. Waivers can be granted in individual
cases; however, the applicant would need to
demonstrate that their circumstances are
exceptional to justify a departure from the
normal requirements of rule 5.02.
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