The Legal Services Act 2007 (LSA) is not new legislation; however, it has recently come back into focus following the Mazur judgment. This important case has exposed widespread misunderstanding about the restrictions the LSA places on individuals and firms, and revealed that many organisations may have inadvertently been operating in non-compliance with the Act.
What the Mazur Judgment Highlights
The judgment serves as a timely reminder that only authorised or exempt persons can carry out reserved legal activities, such as:
Preparing certain property instruments
Conducting litigation
Completing probate work
Firms that rely on unqualified staff, trainees or paralegals to handle legal work should now review their arrangements carefully, as the ruling has made it clear that these practices may breach the LSA.
The SRA’s Response
In response, the Solicitors Regulation Authority (SRA) has confirmed that its position has not changed, directing firms to its existing guidance on effective supervision. However, the SRA has emphasised that the responsibility lies with firms and individuals to ensure full compliance with both the LSA and regulatory guidance.
Supervisors must:
Maintain clear oversight of work at key stages
Ensure all legal and regulatory requirements are met
Remain readily available to support those they supervise
Ultimately, the supervisor is accountable for all work carried out under their direction and must be satisfied that the individual performing the work is competent for the tasks assigned.
Key Implications for Law Firms
The Mazur decision highlights that even where unqualified staff are supervised, firms may still be in breach of the LSA if those staff undertake reserved activities. This has serious implications for firm structures, delegation practices, and supervision frameworks.
Firms should now consider:
Reassessing which activities unqualified staff can safely perform
Reviewing supervision frameworks and management capacity
Updating job descriptions, policies, and internal records
Considering whether organisational changes or restructures are necessary to remain compliant
How Bhayani Law Can Support You
At Bhayani Law, we understand how complex regulatory compliance can be, especially when legal and HR considerations overlap. Our specialist teams can help you to:
Review and advise on your current arrangements
Implement effective supervision systems and documentation
Advise and assist with restructures within your organisation
Deliver training for managers and supervisors on their responsibilities
Whether you need regulatory guidance or HR support to implement change, our team can help you navigate this evolving landscape confidently and compliantly.
Contact us today on 0333 888 360 or email [email protected]
