You are here:
  1. Home
  2. Support services
  3. Advice
  4. Practice notes
  5. Accredited Legal Representatives in the Court of Protection

Accredited Legal Representatives in the Court of Protection

10 November 2017

This practice note includes detailed advice on:

  • the role of an accredited legal representative
  • communicating with and taking instructions from your client
  • representing P and ensuring P’s effective participation
  • your duties of confidentiality and disclosure
  • good practice in the Court of Protection
  • funding of P’s legal costs
  • applications under s21A Mental Capacity Act 2005
  • other issues e.g. breach of the HRA 1998

Legal status

Practice notes are issued by the Law Society for the use and benefit of its members. They represent the Law Society's view of good practice in a particular area. They are not intended to be the only standard of good practice that solicitors can follow. You are not required to follow them, but doing so will make it easier to account to oversight bodies for your actions.

Practice notes are not legal advice, nor do they necessarily provide a defence to complaints of misconduct or of inadequate professional service. While care has been taken to ensure that they are accurate, up to date and useful, the Law Society will not accept any legal liability in relation to them.

For queries or comments on this practice note contact the Law Society's Practice Advice Service.

Professional conduct

The first section of the SRA Code of Conduct 2011 (SRA Code), 'You and Your Client' is particularly relevant to the issues covered in this practice note.

SRA Principles

There are 10 mandatory principles which apply to all those who the SRA regulates and to all aspects of practice. The principles can be found in the SRA Handbook. With regard to your particular duties to your client and the court we encourage you to consider the specific outcomes contained within Chapter 5 of the SRA Code 2011.

Terminology

Must - A specific requirement in legislation or of a principle, rule, outcome or other mandatory provision in the SRA Handbook. You must comply, unless there are specific exemptions or defences provided for in relevant legislation or the SRA Handbook.

Should - Outside of a regulatory context, good practice for most situations in the Law Society's view. In the case of the SRA Handbook, an indicative behaviour or other non-mandatory provision (such as may be set out in notes or guidance).

These may not be the only means of complying with legislative or regulatory requirements and there may be situations where the suggested route is not the best possible route to meet the needs of your client. However, if you do not follow the suggested route, you should be able to justify to oversight bodies why the alternative approach you have taken is appropriate, either for your practice, or in the particular retainer.

May - A non-exhaustive list of options for meeting your obligations or running your practice. Which option you choose is determined by the profile of the individual practice, client or retainer. You may be required to justify why this was an appropriate option to oversight bodies.

SRA Code - SRA Code, 2011

OFR - Outcomes-focused regulation

SRA - Solicitors Regulation Authority

IB - Indicative Behaviour

CoP - Court of Protection

MCA - Mental Capacity Act 2005

MHA - Mental Health Act 1983

ALR - Accredited Legal Representative

Sign In or Register

This is premium content

To access premium content login to My Law Society.

Not registered? My Law Society is free and open to all users. Register below.

Not registered?

Registration is free and will only take a couple of minutes.

If you are a member of The Law Society you can use your MySRA account details to register.

Register
Update your contact preferences

Update your details in My Law Society and tell us how you want to hear from us.

Practice Advice Service

The Practice Advice Service provides a dedicated support line for Law Society members and employees of law firms. Call us on 020 7320 5675.

> Contact the Practice Advice Service

Recommended

calendar
Private Client Section: cross border conference 2019

Hear from industry experts on the latest developments affecting international private clients

Private Client Section: cross border conference 2019 > More