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.

Accreditation schemes

Practice notes and guides

ALRs in COP. Law Society, 'Practice note: Accredited legal representatives in the Court of Protection' (5/12/19) — "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." Superseded by: Law Society, 'Practice note: Accredited legal representatives in the Court of Protection' (4/9/23).

Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (31/8/22) — 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) Representing children and young people before the tribunal; (7) Good tribunal practice; (8) More information. A tracked changes version is available on MHLO showing the changes since the 12/12/19 version. The main changes and additional information relate to: capacity to make an application; CAMHS; medical records; PHEs in Wales; welfare deputy and withdrawal; updated links. At some point between 29/9/22 and 5/10/22 inclusive the following text was added to the introduction (though the document is still dated 31/8/22): "The Courts and Tribunals Judiciary also provides easy read mental health tribunal information."

Financial abuse. Law Society, 'Guide: Financial abuse' (13/6/23) — "This guidance is aimed at all solicitors who advise clients who are or may be at risk of financial abuse, in particular those conducting private client work involving estate and financial planning, property transactions, execution of wills or lasting powers of attorney (LPAs). It may also be useful to other professionals working with adults at risk of financial abuse, and to carers, families and friends."

Vulnerable clients. Law Society, 'Guide: Meeting the needs of vulnerable clients' (29/11/22) — "This guide will help you identify and meet the needs of clients who may have difficulty using legal services, or who may be at risk of acting against their own best interests."

Lasting Power of Attorney (practice notes)

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (practice note)

External links

Mental Health and Disability Committee

MHDC page on Law Society website

Law Society, 'House of Lords Select Committee: Mental Capacity Act 2005: [Response to] Call for Evidence' (September 2013)

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

Law Society, 'Review of the Mental Health [Act] 1983 Code of Practice: [Response to] Pre-consultation Engagement' (November 2013)

Other links

Home page

Law Society, 'MoJ Green Paper on legal aid', 16/11/10 - summary of Green Paper

Law Society, 'Access to justice review: final report', 15/11/10

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.