Functioning Legal Knowledge 2 (FLK2)

Functioning Legal Knowledge 2 (FLK2) is the second part of the SQE1 assessment, which tests your understanding and application of substantive and procedural law in additional key areas. FLK2 is assessed through multiple-choice questions and requires you to demonstrate the ability to apply your legal knowledge to practical scenarios at the standard of a newly qualified solicitor. FLK2 covers the following areas:

Criminal Law
Criminal law focuses on the principles governing criminal liability and the framework for prosecuting offences. You must understand the elements of a crime, including actus reus and mens rea. Topics include specific offences such as theft, assault, fraud, and homicide, as well as statutory defences, including self-defence and duress. The law also addresses issues of strict liability and the principles guiding criminal responsibility. An understanding of how criminal liability is established and the consequences of breaches is critical for providing accurate advice to clients facing criminal charges.

Criminal Practice
Criminal practice emphasises the procedural aspects of handling criminal cases. It includes advising clients during police interviews, preparing for court hearings, and representing clients in applications such as bail or pleas in mitigation. Key areas include understanding the rules of evidence, the roles of prosecution and defence, and the stages of a criminal trial. Procedural knowledge is essential for tasks like drafting charges, advising on sentencing options, and navigating procedural protections for defendants. This area also covers ethical considerations, such as confidentiality and the duty to act in the client's best interest, ensuring that solicitors practice with professionalism and integrity.

Land Law
Land law focuses on the ownership, use, and transfer of land and property rights. You are required to understand legal concepts such as freehold and leasehold estates, easements, covenants, and mortgages. The registration of land under the Land Registration Act 2002 is a key topic, including issues like overriding interests, title guarantees, and adverse possession. Land law also covers co-ownership arrangements, such as joint tenancies and tenancies in common, and the rights and responsibilities of parties in these relationships. This area provides a foundation for advising clients on property disputes and transactions.

Property Practice
Property practice builds on land law by focusing on the practical aspects of property transactions. This includes the conveyancing process, from drafting contracts and investigating title to exchanging contracts and completing property sales. You must also understand the handling of funds, including deposits, mortgages, and Stamp Duty Land Tax. Property practice covers both residential and commercial transactions and includes dealing with leasehold properties, landlord-tenant relationships, and planning permissions. Practical knowledge of how to manage these transactions efficiently and in compliance with legal requirements is essential for providing effective client service.

Solicitors Accounts
This area requires you to understand the rules governing the management of client money under the Solicitors Accounts Rules. You must demonstrate knowledge of how to handle client funds, maintain accurate records, and comply with regulatory requirements to prevent misuse or mismanagement of client money. Topics include distinguishing between office accounts and client accounts, recording transactions, and reconciling accounts. Ethical considerations, such as transparency and accountability, are integral to this area, ensuring that solicitors act in accordance with professional standards when managing client finances.

Trusts Law
Trusts law examines the creation and administration of trusts, which involve holding property for the benefit of others. You must understand the roles of trustees and beneficiaries, the legal principles governing the formation of trusts, and the duties and powers of trustees. Topics include express trusts, resulting trusts, and constructive trusts, as well as remedies for breach of trust. Trusts law also covers fiduciary obligations, where trustees must act in the best interests of the beneficiaries. This area is critical for providing advice on estate planning, wealth management, and resolving disputes involving trust property.

Wills and the Administration of Estates
This area focuses on the drafting and execution of wills and the legal process of administering estates after death. You must understand the requirements for a valid will, including testamentary capacity, formalities, and revocation. Intestacy rules, which govern the distribution of estates when there is no will, are also covered. The administration of estates involves identifying assets, paying debts and taxes (including inheritance tax), and distributing remaining assets to beneficiaries. Ethical and practical considerations, such as dealing with disputes or challenges to the will, are key components of this area. This knowledge ensures that solicitors can guide clients through estate planning and probate efficiently and sensitively.

FLK2 focuses on the practical and procedural aspects of legal practice in areas such as property, wills, and criminal law. It is a crucial part of the SQE1 assessment, ensuring that you have the breadth of knowledge required to handle diverse client matters effectively in their role as a solicitor.