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Advice and practice notes

  • Our advice supports members to navigate business challenges and the changing legal and regulatory landscape.

  • Latest advice and practice notes

    Brexit transition period

    This page explains how the transition period in the UK-EU relationship from 1 February will affect various areas of law.

    24 January 2020
    Advice

    Responding to a financial crime investigation

    This practice note aims to provide practical assistance on how to manage responding to a financial crime investigation and provides a short overview of the main powers available to law enforcement.

    22 January 2020
    Practice note

    Tipping off a client

    After making a suspicious activity report, you'll need to consider if and how you should change the way you interact with your client.

    21 January 2020
    Advice

    Customer due diligence

    This guide introduces the different levels of CDD and when these need to be carried out.

    20 January 2020
    Advice

    Money laundering warning signs

    This guide will help you in recognising some of the most common warning signs of money laundering.

    20 January 2020
    Advice

    Anti-money laundering risk assessments

    This guide will help you with your requirements to carry out written risk assessment to identify and assess the risk of money laundering your firm faces.

    20 January 2020
    Advice

    Land Registry

    Guidance on a variety of HM Land Registry services.

    20 January 2020
    Advice

    Sanctions guide

    Guidance on the applications of the UK sanctions regime and relevant pieces of legislation.

    17 January 2020
    Advice

    Financial crime

    Resources to help solicitors understand their legal and professional duties around financial crime.

    17 January 2020
    Advice

    House competitions

    This practice note highlights some of the risks associated with house competitions in relation to illegal lotteries, fraud and money laundering.

    13 January 2020
    Practice note

    Run-off cover

    What is run-off cover and do you need it?

    13 January 2020
    Advice

    Mortgage fraud

    This practice note highlights the warning signs of mortgage fraud and outlines how you can protect yourself and your firm from being used to commit fraud.

    13 January 2020
    Practice note

    Handling complaints

    Handling complaints well is essential for firms that want to stay competitive, and may protect your firm’s reputation and prevent future complaints.

    2 January 2020

    Immigration judicial review

    This practice note gives advice on how to handle a client's matter in line with the UK Border Agency's new process for reviewing removal decisions.

    2 January 2020
    Practice note

    Entity-based regulation

    This practice note sets out guidance and information on entity-based regulation.

    2 January 2020
    Practice note

    Gender pay gap reporting

    Our guidance can help you meet the requirements for mandatory gender pay gap reporting.

    27 December 2019
    Advice

    Disputed wills: Guidance for practitioners

    This practice note sets out the Law Society's advice on good practice for the steps you should take if a will you have prepared is disputed.

    20 December 2019
    Practice note

    Quick guide to the Money Laundering Regulations 2017

    An overview of the key issues firms need to be aware of

    20 December 2019
    Advice

    Politically exposed persons

    Advice on identifying and working with politically exposed persons.

    19 December 2019
    Advice

    Global AML guidance

    This guide is for legal professionals around the world. It highlights ethical and professional concerns about money laundering and will help you comply with international legal obligations.

    18 December 2019
    Advice

    Suspicious activity reports

    This guide explains how to report suspicious activity to the National Crime Agency.

    17 December 2019
    Advice

    AML compliance for small firms – part two: policies, controls and procedures

    Part two explores the practical requirements to implement policies, controls and procedures, provide training to 'relevant employees' and comply with record keeping obligations.

    16 December 2019
    Advice

    Preparing a will when your client is leaving a gift for you, your family or colleagues

    Preparing a will or lifetime gift for a client can be a sensitive area. Your firm should have safeguards in place to protect it from allegations of improper influence.

    16 December 2019
    Practice note

    AML compliance for small firms – part one: conducting an AML risk assessment

    This three-part series looks at the MLR 2017 from the perspective of small firms and provides tips on effective compliance.

    16 December 2019
    Advice

    Promoting BAME inclusivity in the workplace: A toolkit for firms

    This toolkit is designed to give firms practical advice, tools and inspiration to improve D&I in their workforce.

    16 December 2019
    Advice

    AML compliance for small firms – part three: Customer due diligence and warning signs

    This part looks at what conducting customer due diligence entails and lists the more common warning signs that might indicate suspicious activity by a client.

    16 December 2019
    Advice

    Rejecting un-remunerative publicly funded criminal work

    Get help in identifying circumstances which may warrant a refusal to undertake legal aid work.

    13 December 2019
    Practice note

    Representation before mental health tribunals

    This practice note provides advice on good practice for legal practitioners who advise and represent clients at mental health tribunals.

    12 December 2019
    Practice note

    Criminal Procedure Rules 2015: Solicitors’ duties

    This practice note sets out the duties and burdens affecting criminal solicitors arising from the Criminal Procedure Rules 2015.

    12 December 2019
    Practice note

    Non-disclosure agreements and confidentiality clauses in an employment law context

    This practice note is concerned with the use of confidentiality provisions that have been drafted as part of an agreement to end a workplace relationship.

    12 December 2019
    Practice note

    Access and disclosure of an incapacitated person’s will

    This guidance clarifies when a solicitor can disclose a copy of a client’s will to an attorney or deputy when the client has lost mental capacity.

    11 December 2019
    Practice note

    Court duty scheme for private law family clients

    This practice note has information for practitioners on managing the professional risks involved in providing advice through a court duty scheme.

    11 December 2019
    Practice note

    Police interviews involving sign language interpreters

    PACE requires that police interviews with suspects are recorded. You must ensure that interviews with clients who require a sign language interpreter are video recorded. This practice provides advice on how to meet the requirement.

    10 December 2019
    Practice note

    Use of interpreters in criminal cases

    This practice note advises practitioners on the use of interpreters pre-trial in the police station and in court.

    10 December 2019
    Practice note

    Criminal plea in absence of sufficient prosecution case information

    This practice note provides information on advising a client on plea in the absence of full disclosure.

    10 December 2019
    Practice note

    Withdrawing from a criminal case

    Issues arise when you are considering either withdrawing from representing a defendant, or taking on a transferred case, close to or in the course of the trial. This practice note provides advice on managing the process.

    9 December 2019
    Practice note

    Provision of Services Regulations 2009

    This practice note advises on an EU services directive that obliges solicitors to provide clients with information on their services over and above the SRA’s requirements.

    9 December 2019
    Practice note

    Virtual court first hearings

    This practice note is for criminal solicitors taking instructions and advising at police stations and at Magistrates' Courts where the virtual first hearing system is in use.

    5 December 2019
    Practice note

    Defence witness notices

    This practice note sets out the new obligations and the ethical considerations solicitors should consider when conducting a case involving defence witnesses.

    5 December 2019
    Practice note

    Communication with prisoners by mobile phone

    This practice note is intended to help you avoid the risk of inadvertently committing or procuring the commission of a criminal offence.

    5 December 2019
    Practice note

    Conflicts of interests in criminal cases

    This practice note concerns the particular way in which criminal defence solicitors need to consider the avoidance of conflicts of interest when considering whether it is appropriate to act for more than one suspect or defendant.

    5 December 2019
    Practice note

    Social media

    Advice on using social media to promote your business and the benefits and risks of using social media.

    5 December 2019
    Practice note

    Accredited Legal Representatives in the Court of Protection

    This practice note provides guidance to members of the Law Society’s Mental Capacity (Welfare) accreditation scheme in carrying out their duties.

    5 December 2019
    Practice note

    Anti-terrorism

    This practice note explains how client confidentiality is affected by the failure to disclose offence provisions in the Terrorism Act 2000.

    4 December 2019
    Practice note

    Making gifts of assets

    This practice note advises on dealing with a client who intends to gift their assets.

    4 December 2019
    Practice note

    Bankrupt beneficiaries

    Solicitors who make distributions out of a deceased person's estate to a bankrupt beneficiary may be making the distribution to the wrong person.

    4 December 2019
    Practice note

    Administering insolvent estates

    Recommendations and best practice guidelines for solicitors acting as executors or advising personal representatives administering an estate which may be insolvent.

    2 December 2019
    Practice note

    Conflict of interests

    This practice note sets out guidance on identifying and managing situations where a conflict of interest arises.

    2 December 2019
    Practice note

    Acting in the absence of a children's guardian

    What you should do if a court appoints you to represent children in proceedings where there are delays in allocating a guardian.

    2 December 2019
    Practice note

    Setting up a practice: regulatory requirements

    This practice note outlines the regulatory requirements to consider when setting up your practice.

    2 December 2019
    Practice notes
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