Asked by: Ann McKechin (Labour - Glasgow North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will review existing trade descriptions legislation and its effect on regulating companies that describe themselves or hold themselves to be acting as legal firms.
Answered by Shailesh Vara
Most of the Trade Descriptions legislation has been replaced by the Consumer Protection from Unfair Trading Regulations 2008. These Regulations prohibit traders from engaging in unfair commercial practices against consumers. The Regulations apply across all business sectors and set out a framework for how businesses must deal with consumers.
It is also an offence under section 21 of the Solicitors Act 1974 for an unqualified person to wilfully pretend to be a solicitor and section 24 of that Act makes equivalent provision in relation to a body corporate. Section 17 of the Legal Services Act 2007 makes it an offence to wilfully pretend to be entitled to carry on a reserved legal activity. The reserved legal activities are: a) the exercise of a right of audience, b) the conduct of litigation, c) reserved instrument activities, d) probate activities, e) notarial activities and f) the administration of oaths.