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Conflict, Confidentiality and Disclosure
Conflict, Confidentiality and DisclosureJune 12, 2020For many solicitors considerations as to whether they may act in certain situations will inevitably surface from time to time. Often this will be as a result of the existence of other, and sometimes rival, professional commitments.  In this article we look at somer of the provisions relating to conflict, confidentiality and disclosure and in particular at the impact of recent case law on the Prince Jefri decision.Read More
Reforming Legal Services
Reforming Legal ServicesJune 12, 2020A 340-page report, "Reforming legal services: Regulation beyond the echo chambers", conducted by Stephen Mayson, concludes that the regulatory framework for lawyers needs better to reflect "the legitimate needs and expectations of the more than 90% of the population for whom it is not currently designed" and calls for, amongst other things, a single, sector-wide regulator of all legal providers and a single point of entry for consumer complaints.Read More
Cybersecurity and Confidentiality During Lockdown
Cybersecurity and Confidentiality During LockdownMay 19, 2020With many lawyers currently working from home, and with many firms reviewing whether they can implement more widespread remote working – even after lockdown comes to an end and we can return to “normality” – the issue of cybersecurity has inevitably yet again reared its ugly head. Cybercriminals and fraudsters are treating lockdown as an opportunity to exploit vulnerabilities and weaknesses that have arisen from the need to move outside the safer confines of the office environment.Read More
Law Firm Compliance Concerns  During Coronavirus Lockdown
Law Firm Compliance Concerns During Coronavirus LockdownApril 21, 2020Most firms are experiencing unprecedented challenges in maintaining their services to clients whilst they are unable to meet with colleagues and access the support facilities of the office. This has not, however, removed the need to remain compliant with the various regulations to which solicitors are subject.  In this article we look at a number of the areas in which solicitors need to take care.Read More
CDD with Clients and Law Firms in Self Isolation Lockdown
CDD with Clients and Law Firms in Self Isolation LockdownMarch 20, 2020What should solicitors do about gathering CDD when their office is closed or the client claims to be self-isolating in accordance with Government guidelines. The firm’s policy may require sight of original documents or a certified copy from someone in the regulated sector.  What if this is impossible to obtain? Do the instructions have to be declined?  Here we look at an alternative way of managing this.Read More
COVID-19 and Solicitors
COVID-19 and SolicitorsMarch 17, 2020As the impact of COVID-19 starts to really take effect, there is clearly a high chance that solicitors’ firms all over the country will be affected – either directly as a result of staff absences or indirectly as a result of others with whom they have dealings being affected.  As with all risks, firms must take steps to ensure that the impact upon clients and potential clients of the firm is as low as possible.Read More
BOOMs and the New Need for DBS Checks
BOOMs and the New Need for DBS ChecksMarch 15, 2020All firms that carry out services that are subject to the Money Laundering Regulations 2017 must ensure that new beneficial owners, officers and managers (BOOMs) provide the SRA with proof that they do not have any criminal convictions that would prevent them taking up one or more of these roles.Read More
Protecting Users of Legal Services – the Compensation Fund
Protecting Users of Legal Services – the Compensation FundMarch 3, 2020In a recently published consultation, the Solicitors Regulation Authority has put forward proposals to restrict eligibility to the Compensation Fund and, thereby, reduce the financial burden on the profession.Read More
Financial Crime Concerns
Financial Crime ConcernsFebruary 21, 2020Issues relating to financial crime continue to be high on the regulatory agenda, and in this article we look again at the responsibilities on law firms to avoid any unwitting involvement in all forms of financial crime – not just money laundering. Read More
Flooding and environmental issues
Flooding and environmental issuesFebruary 18, 2020The recent spate of storms as increased everyone's awareness of the danger that flooding can present to properties throughout Britain.  It is topical, therefore, that the Law Society have produced two environmentally focused practice notes - one dealing with Flood Risk and the other with Contaminated Land.Read More