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On the SRA guidance and QWE, the writer appears to have overlooked that S12 of the Act defines both legal activity and reserved legal activity separately. The SRA guidance explicitly references the former. Such as legal advice. As we all know from today’s market, anyone can provide legal advice, without any legal qualifications whatsoever, and wherever they work, because it’s not a reserved activity. That can however rightly count as qualifying work experience. As for what constitutes conducting litigation, helpful guidance was provided 2 years ago in Baxter v Dobie involving a legal executive. It’s not of narrow scope as some still think. The facts there were very specific but a wider rough short hand is if you’re running a case, regardless of technically being supervised (if you look like you’re acting as a Solicitor), you probably are conducting litigation. The case also made clear the full context of what someone does on the case has to be looked at, so what in isolation might be excluded, might come within scope once the full picture is assessed.

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