Solicitors PI

Freelance solicitors: reserved vs non-reserved work and PI insurance

Reviewed by the Apex broking team · Last reviewed 2026-10-19

A freelance solicitor is a self-employed solicitor who practises in their own name without an SRA-authorised firm, and may do reserved legal work only if strict SRA conditions are met. It matters for insurance because doing any reserved work brings in an SRA duty to hold adequate and appropriate indemnity cover for everything the freelancer does.

Part of: Solicitors PI insurance guide

In short

Since 25 November 2019 the SRA has allowed solicitors to practise on their own account outside an authorised firm. Non-reserved work, such as wills and most advice, needs no authorisation. Reserved legal activities under the Legal Services Act 2007, such as litigation, advocacy, conveyancing and probate papers, are allowed only if the solicitor has a current practising certificate, at least three years' practice, works in their own name, employs no one in connection with the work, is paid directly and holds only limited client money. They must also hold adequate and appropriate indemnity insurance. The SRA Minimum Terms and Conditions do not apply, but clients must be told that.

The six reserved legal activities

Section 12(1) of the Legal Services Act 2007 lists six reserved legal activities, and Schedule 2 defines each one. Everything else is unreserved, though the person doing it may still be regulated.

Exercise of a right of audience: appearing before and addressing a court.
Conduct of litigation: issuing proceedings before any court in England and Wales, and commencing, prosecuting and defending them.
Reserved instrument activities: preparing transfers or charges under the Land Registration Act 2002, lodging documents for registration, and certain other instruments about property or court proceedings. Wills are expressly excluded, as are agreements not intended to be deeds.
Probate activities: preparing the papers used to found or oppose a grant of probate or letters of administration.
Notarial activities: work customarily done by a notary enrolled under the Public Notaries Act 1801.
Administration of oaths: exercising the powers of a commissioner for oaths.

Under regulation 9.1 of the SRA Authorisation of Individuals Regulations, a solicitor with a current practising certificate is entitled to carry on all reserved legal activities except notarial activities, subject to exceptions including regulation 10.2(b). Notarial work needs separate qualification as a notary (see notaries and PI).

How the SRA freelance model works

The SRA Handbook was replaced by the SRA Standards and Regulations on 25 November 2019. Since then a solicitor can practise alone on their own account without firm authorisation. The SRA's guidance on becoming a sole practitioner or SRA-regulated independent solicitor sets out what that allows.

To provide reserved legal services without a recognised sole practice, all seven conditions in regulation 10.2(b) must be met:

at least three years' practice as a solicitor since admission or registration;
self-employed and practising in their own name, not through a trading name or service company;
not employing anyone in connection with the services provided;
engaged directly by the client, with fees paid directly to the solicitor;
a practising address in the UK;
indemnity insurance that provides adequate and appropriate cover for the services provided;
holding client money only for payments on account of costs and disbursements not yet billed.

The guidance adds that a freelancer cannot trade through a partnership or company, delegate legal work, or hold damages or estate funds, but can work from chambers and buy in administrative support. They must notify the SRA, which shows on the register whether they provide reserved services, and the full Code of Conduct and Transparency Rules apply.

Because regulation 9.1 links reserved work to a current practising certificate, a freelancer doing reserved work needs both a practising certificate and the indemnity cover in condition 6. See also whether sole practitioners and freelancers still need regulator-mandated PI.

Activity by activity: reserved status and PI position

A general guide based on Schedule 2 and SRA guidance. Reserved status depends on the facts, and PI positions are subject to the policy terms.

Activity	Reserved?	Can a freelancer do it?	Typical PI considerations
Litigation (issuing and running claims)	Yes: conduct of litigation	Yes, if all regulation 10.2(b) conditions are met	Missed limitation dates are a common claim source; underwriters usually ask about case values and diary systems. Wasted costs exposure is worth checking.
Advocacy	Yes: right of audience	Yes, if conditions are met	Underwriters commonly ask about court and hearing types.
Conveyancing	Yes: reserved instrument activities (registration and transfers)	In principle, if conditions are met, but purchase and mortgage funds cannot be held	Usually the most closely underwritten area because of fraud and values; subject to underwriting.
Probate	Yes: preparing probate papers	Probate papers, if conditions are met; estate funds cannot be held	Tax and distribution errors are typical concerns; beneficiaries may claim.
Wills	No: wills are excluded from reserved instruments	Yes	No SRA insurance duty if all work is unreserved, but cover is commonly bought; will drafting errors can surface years later.
Employment advice	Advice no; court proceedings yes	Advice yes; the SRA notes employment claims management may need FCA authorisation	Usually asked: employer or employee side, and claim values.
Contract and commercial drafting	Usually no, unless it is a reserved instrument such as a deed relating to property	Yes	Exposure follows deal size; largest matter values are commonly asked for.
Immigration advice	Not an LSA reserved activity, but regulated under the Immigration and Asylum Act 1999	No: SRA guidance says a freelance solicitor cannot do immigration work	Regulated separately by the Immigration Advice Authority; see the IAA position on PI.
Debt recovery	Letters before action no; issuing claims yes	Pre-action work yes; issuing only if conditions are met	Volume work usually prompts questions on matter numbers and limitation.
Family law advice	Advice no; issuing and conducting proceedings yes	Advice yes; proceedings only if conditions are met	Financial remedy values can be high; subject to underwriting.

Notarial work is outside a solicitor's regulation 9.1 entitlement; administering oaths is within it. The Office of the Immigration Services Commissioner became the Immigration Advice Authority from 16 January 2025, and the SRA's immigration and claims management guidance says a freelancer falls within none of the permitted routes for immigration work.

Freelancer insurance vs SRA-authorised firms

SRA-authorised firms must buy qualifying insurance from a participating insurer under the SRA Indemnity Insurance Rules, on the Minimum Terms and Conditions. The minimum sum insured is at least £3 million for any one claim (exclusive of defence costs) where the firm is a relevant recognised body or relevant licensed body, broadly limited companies and LLPs, and at least £2 million in other cases. The MTC also require six years' run-off on closure without a successor. See the SRA MTC walkthrough and £2m vs £3m limits.

The SRA's adequate and appropriate indemnity insurance guidance says a freelancer providing reserved services is not required to buy MTC cover. Their only SRA insurance obligation is adequate and appropriate cover, and once it arises it applies to all their services, reserved or not. A freelancer doing only non-reserved work has no SRA insurance duty. A recognised sole practice is different: it is an authorised firm and must meet the MTC (see sole practitioner PI).

Adequacy factors include client profile, number and type of matters, engagement values, probable maximum loss for each type of work and claims history. Before engagement, clients must be told that the freelancer is not required to meet the MTC and that alternative insurance arrangements are in place, with details of the cover if asked. There is no set run-off requirement, but freelancers must consider how later claims will be met. Cover is normally claims-made: the policy in force when the claim is made responds.

What underwriters commonly look for

Underwriters commonly focus on:

Work split: fee income by activity, and which work is reserved.
Experience and history: years since admission, previous firms, and any claims or circumstances.
Past work: earlier work and which policy covered it, which affects the retroactive date.
Clients and values: client types and largest matters.
Money handling: client money held, or use of a third-party managed account.
Risk controls: engagement letters, limitation diaries and file reviews.

The duty of fair presentation applies (see fair presentation at renewal). Our solicitors proposal form walkthrough covers the questions, and freelance solicitor PI insurance sets out how cover is usually arranged.

Two illustrative claims scenarios

These scenarios are illustrative only and are not real cases.

Missed limitation in a debt claim: a freelancer issues a debt claim after limitation has expired, and the client sues for the lost debt. The freelancer's own policy in force when the claim is made would usually respond, subject to the excess and terms; there is no firm policy behind them. Compare missed limitation claims.
Wills freelancer who adds probate: a freelancer drafts wills for two years, then starts preparing probate papers. A beneficiary later claims over a year-one will. Whether the policy responds commonly turns on the retroactive date and disclosure. On retirement there is no mandated run-off; see run-off cover explained.

What to check

List every activity you will do and mark which are reserved.
Confirm all seven regulation 10.2(b) conditions before taking reserved work, and keep your practising certificate current.
Set a reasoned level of cover using the SRA's adequacy factors, and record why.
Check the retroactive date covers your earlier freelance work.
Put the MTC statement and insurance details in your client information.
Plan how claims after you stop practising will be met.

Sources

Frequently asked

Do freelance solicitors need professional indemnity insurance?

Only if they provide reserved legal services. Then SRA regulation 10.2(b) requires indemnity insurance giving adequate and appropriate cover, and that duty extends to all their work, reserved or not. A freelancer doing only non-reserved work has no SRA insurance duty, though cover is still commonly bought because negligence liability remains.

Does a freelance solicitor need SRA minimum terms cover?

No. The SRA's guidance says the obligation to buy qualifying insurance on the Minimum Terms and Conditions does not apply to freelancers who are not operating through a recognised sole practice. They must tell clients before engagement that they are not required to meet the MTC and that alternative insurance is in place.

Can a freelance solicitor do conveyancing?

Conveyancing involves reserved instrument activities, so a freelancer can only do it if every regulation 10.2(b) condition is met. The client money condition limits them to money on account of unbilled costs and disbursements, so they cannot hold purchase or mortgage funds themselves. Conveyancing is also usually the most closely underwritten area.

What are the six reserved legal activities?

Section 12 of the Legal Services Act 2007 lists them: exercising a right of audience, conducting litigation, reserved instrument activities, probate activities, notarial activities and administering oaths. Schedule 2 defines each. Will writing and most legal advice are not reserved.

How much PI cover does a freelance solicitor need?

There is no fixed SRA minimum for freelancers. The SRA expects a reasoned assessment based on client profile, matter numbers and types, engagement values, probable maximum loss for each type of work and claims history. If you can show a rational assessment, the SRA says it would not second-guess it.

Need professional indemnity cover?

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.