Law Society
The Law Society is the representative body for all solicitors in England and Wales, and administers the Mental Health Accreditation Scheme for solicitors and their employees.
See also
- Law Commission consultation on Mental Capacity and Deprivation of Liberty (consultation response)
Accreditation schemes
- Law Society mental health accreditation scheme
- Law Society mental capacity (welfare) accreditation scheme
Practice Notes
- Law Society, 'Practice note: Accredited Legal Representatives in the Court of Protection' (10/11/17) — This practice note includes detailed advice on: (1) the role of an Accredited Legal Representative; (2) communicating with and taking instructions from your client; (3) representing P and ensuring P’s effective participation; (4) your duties of confidentiality and disclosure; (5) good practice in the Court of Protection; (6) funding of P’s legal costs; (7) applications under s21A Mental Capacity Act 2005; (8) other issues e.g. breach of the HRA 1998.
- Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (12/12/19) — This practice note contains information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. The changes mainly arise from the SRA Handbook being replaced by the SRA Standards and Regulations on 25/11/19. A tracked changes version is available on MHLO.
- Law Society, 'Practice note: Financial abuse' (13/6/13). This practice note contains information under the following headings: (1) Introduction; (2) SRA principles; (3) Financial abuse: (a) what is financial abuse? (b) forms of financial abuse; (4) Identification of adults vulnerable to abuse and precaution to be taken: (a) groups at particular risk; (b) what to be alert for - known indicators for abusive activity; (c) identification and the assessment of capacity; (5) Taking action to prevent abuse: (a) powers of attorney; (b) gifts; (c) wills; (d) estate administration; (e) mis-selling; (f) language and cultural barriers; (6) Addressing suspected abuse - what steps to take: (a) confidentiality; (b) Office of the Public Guardian; (c) litigation; (d) deputyship; (e) appointeeship; (f) the role of the local authority; (g) abuse and neglect by legal professionals; (h) criminal offences; (7) Further information: (a) Law Society; (b) Solicitors Regulation Authority; (c) guidance; (d) useful contacts; (e) other resources; (f) acknowledgements.
- Lasting Power of Attorney (practice notes)
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (practice note)
External links
Mental Health and Disability Committee
- Law Society, 'Hazards with the use of Court-approved Deprivation of Liberty Safeguards (DoLS) and Legal aid' (4/10/13)
- See subsequent judgment: UF v A Local Authority [2013] MHLO 105
Other links
- Law Society, 'MoJ Green Paper on legal aid', 16/11/10 - summary of Green Paper
- News: Judicial review update: expedited hearing and civil contracts to be extended - 3/9/10 - Existing civil legal aid contracts will be extended by a month due to the Law Society's JR of the tendering process for family legal aid contracts (the judgment in which is expected on 24/9/10). It appears (from the news item) that the extension applies to all civil contracts including mental health, but further detail will be published on the Law Society website.
- Practice Note: Making gifts of assets - 16/7/09 - including section on "Gifting assets to fund future care"
INFORMATION
What links here:
- Contact:Law Society
- Law Society, 'Practice note: Representation before mental health tribunals' (27/5/16)