Advice articles and case summaries

In the future, some in-house lawyers who offer advice to the public may not be able to do so unless the bodies they are employed by become special bodies.

Although the rules on domestic abuse evidence to qualify for private law family legal aid will not come into effect until April 2013, clients may rely on court orders made before then.

Following our alert on this issue in August 2012, firms from around the world have been sharing further variations on this scam against lawyers.

The Serious Organised Crime Agency (SOCA) has issued an updated warning about the vulnerability of law firms to advanced fee fraud.

Some lenders are rationalising their panels on an individual basis, others on a stricter criteria based on size or volume of work.

Criminal practitioners are reminded of the need to be familiar with the statutory defences to immigration-related offences when advising clients suspected or accused of these offences.

The Solicitor's Regulation Authority's (SRA) Handbook contains the authorisation requirements for those wishing to enter the profession, firms who wish to be regulated by the SRA and those wishing to hold a regulated role

Money laundering reporting officers (MLROs) have a pivotal role to play in ensuring that a firm is compliant with anti-money laundering obligations.

Rules regarding fixtures and chattels

The case of Armstrong DLW GMBH v Winnington Networks Ltd looks at who bears the loss when poor due diligence results in the trading of stolen carbon credits.

Details of the assigned risks pool, a safety net for firms who cannot get qualifying insurance

The Solicitor's Regulation Authority's (SRA) Handbook contains the authorisation requirements for those wishing to enter the profession, firms who wish to be regulated by the SRA and those wishing to hold a regulated role

A new protocol designed to bring clarity to probate-related dealings between advisers and banks has been agreed.

Many high street firms who deal with UK-based clients could be forgiven for thinking that this act is of no relevance to their firm. However, conduct much closer to home is also under the spotlight.

The National House-Building Council will introduce a new online system in 2012 to provide instant Buildmark cover information

From 1 July, businesses may apply to the Office of Fair Trading (OFT) to challenge land use restrictions that limit competition against major supermarkets

In this case, the House of Lords confirmed that the receiver's fees are to be paid out of the assets held in the receivership, whether the accused launderer is acquitted, not proceeded against or the receivership is successfully discharged.

An action plan that outlines steps to help address barriers to the profession

Results of several Law Society studies in order to understand the issues and barriers faced by some groups within the legal sector.

The Charity law bulletin is the Law Society's charity law update for legal professionals

The obligations on solicitors to act as an unpaid arm of crime prevention are a familiar and everyday part of professional practice.

The Law Society code for completion by post provides a procedure for postal completion of house sales which may be adopted by reference.

A code for promoting fairness in commercial leases

The High Court has ruled that the government's decision to abolish lawyers' fees for committal proceedings was lawful.

In order to prevent and resolve complaints it is important to understand what generates them. The Legal Ombudsman has published data on the type of complaints they receive.

All recognised and licensed bodies must nominate a compliance officer for legal practice (COLP) and a compliance officer for finance and administration (COFA), who will start to fulfil their responsibilities from 31 October 2012.

The Law Society has encouraged the insurance industry to support a composite proposal form for the 2012 renewal. We are not yet at the stage of complete industry acceptance but are working towards this goal.

The Money Laundering Regulations 2007 states that clients who do not meet the regulated professional in person pose a higher risk of money laundering.

Updated version of the form to be used for the release of Health Records under the Data Protection Act 1998.

The Law Society Conveyancing Protocol sets out the Society's preferred practice in residential conveyancing transactions of freehold and leasehold property

This case will interest practitioners advising on alleged terrorist financing

The Court of Appeal has upheld the decision in R v Geary and provided further clarification on what constitutes an arrangement for the purposes of section 328 of the Proceeds of Crime Act 2002.

The basics of data protection and anti-money laundering

The Court of Appeal upheld four convictions for conspiracy to launder the proceeds of crime, namely profits from drug trafficking

This short report highlights the diversity profile of solicitors.

We have drafted a model retainer letter which you may wish to consider when engaging a professionial indemnity insurance broker.

Equivalence is relevant for those in the regulated sector looking to rely on other regulated persons for client due diligence checks, or for taking advantage of simplified due diligence provisions

There is a growing and increasingly competitive market in 'compliance solutions' designed for the legal profession

We have recently had a discussion with officials at the Ministry of Justice about the issues arising from the new experts' fee rates.

The government runs a number of finance schemes that may benefit law firms. If you are looking to take out or extend a loan or for new sources of funding as an alternative business structure there are several schemes aimed at helping firms.

The case of Fitzpatrick and Others v Metropolitan Police looks at what constitutes entering into an arrangement and considers the factors that police take into account before searching a solicitors' office or arresting a solicitor.

The Solicitors Regulation Authority (SRA) is posting updates on its website about bogus law firms and email addresses that have been brought to its attention.

Information for authorised firms and licensed bodies required to appoint compliance officers for legal practice and financial affairs

These FAQs have been compiled to assist solicitors better understand the complex area of professional indemnity insurance (PII).

There are significant criminal penalties under the Proceeds of Crime Act (POCA) and t he responsibility falls on your shoulders. So how can you feel comfortable in your new role?

We look at what a money laundering reporting officer needs to consider before deciding that there are grounds to make a report to the Serious Organised Crime Agency.

As MLRO it will generally be your role to set the internal parameters for what due diligence your fee earners are required to undertake

Alison Matthews of Irwin Mitchell LLP shares tips on how to get fee earners and management on board when taking on the role of MLRO.

Resources available to you, tips on how to manage fee earners' and management's expectations, and help you avoid some of the common pitfalls for newcomers

In this month's feature, we look at how money laundering reporting officers (MLROs) can develop effective relationships with their legal practice's accounts team.

Many MLROs still find the verification of source of funds a contentious area, with fee earners and partners often making a number of incorrect assumptions about their obligations.

Training staff is a key part of your role as money laundering reporting officer (MLRO).

Enhanced due diligence should be applied in any situation that may present a higher risk of money laundering and terrorist financing.

Information to help you find a professional indemnity insurance broker for the 2011/2 renewal period.

The Financial Action Taskforce (FATF) has released a typology report looking at the crimes of organised maritime piracy and related kidnapping for ransom.

We are now calling on the profession to follow the Law Society's lead in challenging HSBC's panel policy.

Tracey Calvert, director of Oakalls Consultancy Limited, and consultant with the Law Society's Risk and Compliance Service looks at the effect that the Legal Services Act has on in-house lawyers.

The Court of Appeal considered whether the movement of fees from the client account to the office account would be a breach of a criminal restraint order

The FSA have expressed concern about the rise in land banking schemes which are leaving investors out of pocket and in possession of land that has little or no chance of ever being built on.

From 22 October, Land Registry will reduce fees by an average of 10 per cent.

Following royal assent of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill, the Legal Services Commission has published a list of FAQs about the legal aid changes, which will be implemented on 1 April 2013.

Advance fee fraudsters and sham litigants continue to prey on law firms. Understand their approach and how to protect your firm.

Criminals are seeking to exploit the litigation, as legal advice and litigation are not covered by the Money Laundering Regulations 2007

List of consultants for supporting tender submissions and appeals.

Advice for panel firms being asked by lenders for details of client accounts, professional indemnity insurers and copies of letterheads.

As part of the initiative to cut civil legal aid bill rejections the LSC has taken some practical steps to address problems.

The Legal Services Commission (LSC) has outlined its key milestones and activities for 2013.

Read our update on the options and implications for practitioners following the Henthorn and Loomba appeal cases.

Whether you are making your first suspicious activity report (SAR) or you 100th, providing the correct information will ensure that it is processed quickly and can be used most effectively.

Alison Matthews reviews the decision of the ECJ in Michaud v France on whether the application of the anti-money laundering reporting requirements to lawyers are consistent with the right to privacy.

Second edition of the Law Society model planning agreement.

The Scottish Court of Appeal has ruled that property will be considered criminal property under POCA if the evidence of how it is handled 'gives rise to the irresistible inference' that it could only have been the product of crime.

In 2002 and again in 2004 the Law Society's Money Laundering Taskforce warned criminal defence solicitors not to accept bail security monies into their client accounts due to the risk of money laundering

Whether you are a fee earner or a money laundering reporting officer (MLRO), recognising a money laundering sign when it walks through your office door is a continual challenge.

Asking yourself and your client this question is one of the most effective measures you can take to protect yourself from money laundering.

With media reports suggesting that the housing market may slowly be picking up and banks becoming willing to lend a little bit more, do solicitors still need to be on their guard for mortgage fraud?

Land Registry has published a new practice guide setting out the requirements for statements of truth used in support of Land Registry applications

HM Revenue and Customs (HMRC) has issued advice for those submitting SDLT1 returns

From 2 July 2012, a new version of the Land Transaction Return guidance notes (SDLT6) will come into effect.

How the new regulatory regime approaches conveyancing transactions

The Court of Appeal held that 'conformity to a common (or even universal) professional practice is not an automatic defence against liability.

Professional indemnity insurance brokers and buyers guides, and a list of insurers

This calculator is designed to assist solicitors to work out an indicative figure that should be saved each year as part of their retirement planning to prepare for the likely cost of run-off cover under their minimum terms and conditions (MTC) polic

To counter the risk posed to the UK's regulated sector from laundering foreign funds, firms must conduct enhanced due diligence on politically exposed persons (PEPs).

Richard Miller, Law Society head of legal aid, summarises some key messages from our legal aid roadshows.

With cuts in legal aid, criminal law practitioners are increasingly finding that clients have to find ways to pay for representation through private funds.

The Charities Act 2011 comes into force on 14 March. As a result

The proposed high speed rail link between London and the West Midlands (commonly referred to as 'HS2') has implications for practitioners working in residential conveyancing and commercial property.

The three regulatory bodies have issued a fourth and final consultation on the Quality Assurance Scheme for Advocates (QASA).

The Court of Appeal has decided that a conviction for money laundering against one defendant can stand, even when another defendant was acquitted for the substantive offence which had been said to generate the proceeds of crime to be laundered.

Entering into an arrangement to create criminal property does not amount to an offence under s.328 of the Proceeds of Crime Act (POCA)

The High Court in R v Hogan [2007] EWHC (Admin) 978 had to consider the defence of adequate consideration to a section 329 POCA 2002 offence.

The Court of Criminal Appeal has issued a series of judgements clarifying the application of money laundering offences in mortgage fraud cases.

In R v Saik , the House of Lords considered the law of conspiracy with respect to the offence of money laundering, particularly where individuals suspected, rather than knew that the funds involved in a transaction were the proceeds of crime.

The Supreme Court looks at whether a person can still face confiscation proceedings even if they were given a conditional discharge for the underlying offence.

The Supreme Court held that in order to comply with A1P1 and s3(1) Human Rights Act 1998, Crown Court should not make disproportionate orders given the circumstances of an individual case.

A solicitor was cleared of six counts of money laundering in January of this year, after a judge ruled that a fair trial was impossible due to delays in bringing the prosecution.

These flowcharts are an easy reference guide to the outcomes and IBs on acting for buyer and seller and lender and borrower, which are outlined in chapter 3 of the SRA Code of Conduct 2011

From 4 July 2011, the new SDLT1, SDLT3 and SDLT4 forms must be used and a unique identifier for the lead purchaser supplied to HM Revenue & Customs (HMRC)

In Rowe v R [2007] EWCA Crim 635, a full bench of the Criminal Court of Appeal has clarified several issues over offences involving preparation for terrorist activities

Details and information about run-off cover

A number of categories of law will be coming out of scope of legal aid contracts in April 2013. Our article looks at the implications under professional rules of taking on cases now that are going out of scope next April.

The UK government imposes financial restrictions on persons and entities as part of its domestic counter-terrorism regime, as well as those persons proscribed by the United Nations and/or European Union.

You complete your client due diligence, exchange contracts and proceed to completion, but for some reason the bank holds up the transfer. Is there something you missed?

SOCA is concerned that firms are submitting a SAR for clients who simply have a similar name to someone on the sanctions list when they only need to seek permission from the Asset Freezing Unit.

The UK government imposes financial restrictions on persons and entities as part of its domestic counter-terrorism regime, as well as those persons proscribed by the United Nations and/or European Union.

Property lawyers are seeing housing deposits coming from wider savings clubs or committees. This process of fund raising has its challenges from an AML perspective.

Jonathan Smithers, member of the CQS technical panel and chair of the Land Law and Conveyancing Committee discusses separate representation.

Common questions about alternative business structures, including who can become an ABS and details of the application process

Julia Adams of Slaughter and May provides seven key steps to ensure you fulfil your obligations when making a suspicious activity report under the Proceeds of Crime Act.

The High Court has issued a decision dismissing civil claims from clients as a result of complying with reporting obligations under the Proceeds of Crime Act.

The Queen's Bench Division has dismissed Mr Shah's claims for damages against HSBC Private Bank (UK) Ltd (HSBC) for over US$300m.

Law Society president John Wotton has said that barristers and solicitors will increasingly work together in the same practices.

An overview of the sections and chapters in the Solicitors Code of Conduct 2011

To counter the risk posed to the UK's regulated sector from laundering foreign funds, firms must conduct enhanced due diligence on politically exposed persons (PEPs).

In many ways, client identification and verification is secondary in anti-money laundering compliance to understanding the source of funds and the purpose of a retainer.

International arbitration provides a very tempting proposition for organised criminals seeking an apparently legitimate cover for moving large amounts of criminally obtained money from one jurisdiction to another.

Details of the SRA Handbook, which replaces the Solicitors Code of Conduct 2007 and underpins the regulation of solicitors, law firms and alternative business structures

Approved certificate of tititle documents are referenced in Chapter 3 of the new Solicitors' Code of Conduct

The SRA has issued a warning notice to anyone involved in the promotion or facilitation of schemes to avoid or reduce stamp duty land tax (SDLT)

A summary of the numerous reporting requirements on firms in the SRA's Handbook.

Calculators to help you work out stamp duty land tax payable on sale and transfers of land or property

The contract incorporating the Standard Conditions of Sale (5th edition) is designed for use in residential conveyancing transactions.

Forms used in residential conveyancing and the suspended HIPs regime, and details of suppliers.

Richard Miller, Law Society head of legal aid, looks at some of the key questions that firms will need to consider, following royal assent of the controversial Legal Aid, Sentencing and Punishment of Offenders Bill.

Philip Santo, a chartered surveyor and director of Philip Santo & Co, considers some implications of the recent rush to install solar panels on the roofs of the nation's houses.

The basics when it comes to a risk-based approach to anti-money laundering

The Solicitor's Regulation Authority's (SRA) Handbook outlines ten mandatory principles which apply to everyone that the SRA regulates and to all aspects of practice.

As soon as the proceeds of crime become an issue, solicitors have to think carefully about what they can tell their clients. These scenarios aim to help you understand the issues around 'tipping off'.

The Court of Appeal upheld four convictions for conspiracy to launder the proceeds of crime, namely profits from drug trafficking

The decision in Royal Bank of Scotland v. Etridge on 11th October 2001 means all conveyancing lawyers should consider carefully their procedures when a third party provides security for another person's borrowing.

In recent years, efforts to prevent mortgage fraud have focused on the risks posed by potential buyers. However, it appears that the vendor side of the transaction is not without its own risks.

Recent reports have exposed failings by banks in their management of politically exposed persons (PEPs) and how corporate vehicles are abused to launder corrupt funds.

After the public spat between the Bar Standards Board and the Solicitors Regulation Authority at the beginning of the month, peace seems to have broken out.

The practice framework rules allow in-house lawyers to act for clients other than employers in certain circumstances. Depending on the circumstances you may need to have professional indemnity insurance (PII) in place.

If you would not accept a bag full of cash from a client with respect to a transaction, why is it acceptable to provide them with your client account details so that they can deposit it there themselves?

Since the case of Bowman v Fels many matrimonial lawyers have taken the view that the discovery of criminal property during divorce proceedings is inconsequential. However such an approach may leave firms and clients at risk.

When looking at money laundering warning signs, an instruction that is unusual for your firm is high on the list and should ring alarm bells.

The case involved an application by the Attorney General of Zambia against the ex-president of Zambia, other former Zambian officials and two UK law firms for the return of public monies