Articles
AML – compliance isn’t an optional extraNovember 21, 2023AML is undoubtedly the most important regulatory issue that law firms currently face and the Solicitors Regulation Authority (SRA) has recently made it clear, in particular in relation to Client Matter Risk Assessments, that it will not tolerate firms paying mere lip service to AML requirements. This article looks at CMRAs and at the kind of issues generally that firms need to be addressing.Read More
Avoiding Residual Client BalancesOctober 25, 2023No matter how well managed your practice, and no matter how diligent your accounts staff, it is inevitable that at some point you will acquire a residual client balance that needs to be dealt with. However, how you manage your accounts and how you deal with those residual balances can make life considerably easier for you. Here we look at some of the steps that you can take.Read More
Managing AML Risk AssessmentsOctober 24, 2023SRA issues new warning to solicitor firms that they need to be more thorough in undertaking client/matter risk assessments to ascertain whether there are any money laundering risks posed by their clients and the services that they are seekingRead More
Serious Breaches and the SRA – when to report?September 21, 2023One of the key duties faced by all COLPs and COFAs is the need to make a prompt report to the SRA as to any serious breaches of the terms and conditions of the firm’s authorisation. Unfortunately, the SRA do not provide a clear definition of what constitutes a serious breach. In this article we look at the duty to make a report, what constitutes a serious breach and how and when it needs to be reported.Read More
Conveyancing Services – Opportunities and ThreatsAugust 23, 2023As most high street firms will agree, these are tough times for those involved with residential conveyancing. In this article we take a look at some of the demands that conveyancing firms face and also at the opportunities that present themselves.Read More
Warnings on Costs Information, Fees Recovery and Transparency RulesJuly 20, 2023Recent warnings in the legal press as to ensuring firms are paid for the work they do, as with the recent ruling in the Irwin Mitchell case, have shone a spotlight on the importance of making sure that firms properly update clients on costs. It is sensible also to pay heed to the Transparency Rules.Read More
Safeguarding Legal Practices: The Imperative for Solicitors to Prioritise CybersecurityMay 18, 2023The recently publicised cyber-attack on conveyancing giant Simplify, and which cost the group nearly £7m, reminds us all that cybersecurity needs to continue to be a crucial element in the planning and management of all solicitors practices. This article looks at the need for cybersecurity within law firms and how it can best be achieved.Read More
Sanctions and OFSI Compliance ConcernsMay 18, 2023For many law firms potential liability for breaches of sanctions controls may be theoretical but are nevertheless issues that cannot be discounted. Furthermore, whilst not all firms are subject to the AML regime, the risks of sanctions liability applies across the board to all who find themselves dealing with a “designated person” for sanctions purposes. This article provides an overview of the issues that may arise and of some of the factors that firms may need to take into account.Read More
Increased Obligations on Money Laundering and Financial Crime: Proliferation RisksMarch 31, 2023A revised LSAG coming into effect on 1 April 2023 introduces changes to the MLRs 2017, including in relation to undertaking proliferation financing risk assessments and in respect of the duty to report discrepancies in the company registers to Companies House. This article looks at these changes, explains the nature of proliferation financing risk assessments and looks at the changes to AML requirements and the corresponding pressures faced by solicitors.Read More
New SRA Guidance on the Provision of Banking Facilities for ClientsMarch 17, 2023One of the most common compliance problems to arise in relation to the SRA Accounts Rules is the prohibition against providing banking facilities for clients and is something which has grown steadily in importance so far as the SRA are concerned in recent years. In this article we look at the requirement and at the new Warning Notice and Case Studies published by the SRA.Read More