The Law and Regulation of Solicitors: Client Money
The Law and Regulation of Solicitors: Client Money

Author: Katie Jackson

Publisher: Bloomsbury Publishing

Published: 2023-05-01

Total Pages: 477

ISBN-13: 1526524627

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All those involved in legal services delivery, whether solicitors, licensed conveyancers, reporting accountants, or other legal professionals, need to understand the requirements for receiving, holding, and transferring client money. Handling this money also has another dimension for the professional to carefully consider: the serious issue of anti-money laundering. Presenting the rules, requirements, and anti-money laundering context of law firm financial management in an easy-to-understand guide, this book takes a new angle by examining client money in two important and related arenas: - Within the client account - Within the legislative framework for money laundering Providing a straightforward explanation of the Solicitors Accounts Rules, CLC Accounts Rules, the Money Laundering Regulations 2017, and the relevant sections of the Proceeds of Crime Act 2002, its practical layout encompasses diagrams, worked examples, and a section of training materials for use as continuous professional development. The book not only informs and is a reference point for the reader and their firm, but it also provides example forms, risk assessments, and training plans. Firms can use it as a basis for policies and procedures, learning and education, and for broader policy debate amongst more senior professionals. This is essential reading for those studying to become solicitors or licensed conveyancers; legal and finance professionals; money laundering reporting officers; and accounts professionals in legal services.

The Law and Regulation of Solicitors: Serious Breaches and Practising Certificate Conditions
The Law and Regulation of Solicitors: Serious Breaches and Practising Certificate Conditions

Author: Katie Jackson

Publisher: Bloomsbury Publishing

Published: 2022-02-28

Total Pages: 459

ISBN-13: 1526520699

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Professional standards consultant Katie Jackson discusses the management of risks in law firms and leads you through the confident regulatory practice of solicitors. She provides guidance on the regulator's requirements for dealing with serious breaches of the rules of professional conduct, the relationship of breaches to the annual renewal of the practising certificate, and the imposition of conditions on solicitors. Through this guide you can: Understand the legislative framework sitting behind the Solicitors Regulation Authority's regulations Understand the various ways to set up and operate as a solicitor firm, and how to meet the expectations of the legislation governing these areas Identify and manage serious breaches, and understand the regulator's expectations Manage scenarios in which practising certificate or firm conditions may be imposed Understand the requirements for, and expectations of, the reporting accountant, and the recent history of changes to their reporting role Complete your annual CPD, through built in exercises to enable you to understand the judgements required when dealing with the regulator's Codes of Conduct Legal commentary is accompanied by a separate practical discussion of the management issues arising from the legislation, the possible solutions for implementation within firms, regulatory debates and an analysis of the possible gaps. The book covers strategic decision making for firms and the different regulatory and risk management outcomes of setting up a practice in different ways. This is an essential title for legal practitioners, reporting accountants, approved regulators, those thinking about working with freelance solicitors or employing solicitors, and those completing the LPC, GDL, SQE, or studying law and ethics.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Solicitors Disciplinary Tribunal
Solicitors Disciplinary Tribunal

Author: Nigel West

Publisher: The Law Society

Published: 2016-02-18

Total Pages: 381

ISBN-13: 1784460443

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The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume.

Client Money
Client Money

Author: R. Mortensen

Publisher:

Published: 2017-03-23

Total Pages:

ISBN-13: 9780409342079

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This valuable text provides comprehensive and detailed guidance on the law and professional standards and ethics governing the role of lawyers in handling money held for a client, with a particular focus on lawyers' trust account management. It covers all Australian jurisdictions, and includes the Legal Profession Uniform Law now in force in New South Wales and Victoria.As the security of trust money rests significantly on how lawyers account for trust account transactions, the accounting required by law is explained and examples are given to illustrate how accounts are to be kept. The more general legal responsibilities relating to handling of others' money are also discussed, including those arising in contract, tort and under fiduciary and trustees' duties. The author also addresses the statutory powers that underpin civil remedies such as the ordering of accounts and appointment of receivers.The scope and depth of coverage of this work make it essential reading for legal practitioners, students and graduates undertaking practical legal training.Features· Comprehensive coverage Australia-wide of trust account requirements · Identifies the underlying ethical responsibility of practitioners in managing client funds· Ensures appropriate awareness of the consequences of breach· Includes plentiful accounting examples· Clear, accessible explanations Related TitlesEbejer, LexisNexis Questions and Answers: Legal Practice and Ethics, 2nd ed, 2016MacFarlane & Ross, Ethics, Professional Responsibility and Legal Practice, 2017Ross, Ethics in Law: Lawyers' Responsibility and Accountability, 6th ed, 2014

Anti-Money Laundering Compliance and the Legal Profession
Anti-Money Laundering Compliance and the Legal Profession

Author: Sarah Kebbell

Publisher: Routledge

Published: 2021-11-29

Total Pages: 214

ISBN-13: 0429670907

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Money laundering is a global issue and there is evidence that the services provided by the legal profession may be misused to launder the proceeds of crime. This book explores the experiences of professionals within Top 50 law firms when seeking to comply with the UK’s anti-money laundering (AML) regime. The book draws upon empirical evidence from 40 in-depth interviews with solicitors and compliance personnel from 20 Top 50 law firms. Access to this section of the legal profession is challenging in the context of academic research, and the research provides an account, seldom heard in academic literature, directly from practitioners. The book uses these research findings to explore and discuss the AML compliance issues faced by this section of the profession. It highlights the challenges presented by the legislative architecture of the Proceeds of Crime Act 2002, and considers compliance issues relating to customer due diligence, AML training, the client account and the suspicious activity reporting regime. It also considers participants’ perceptions of the regime, their role within it, and their own assessment of money laundering risk. It concludes by using this evidence to recommend amendments to current AML policy and legislation. This book will be of interest to students and researchers studying Financial Crime Law, Business and Company Law, and White Collar Crime, as well as policy makers in the areas of money laundering, compliance, and corruption.

Lawyers and the Proceeds of Crime
Lawyers and the Proceeds of Crime

Author: Katie Benson

Publisher: Routledge

Published: 2020-04-03

Total Pages: 204

ISBN-13: 1351717235

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The role played by legal professionals in the laundering of criminal proceeds generated by others has become a priority concern for authorities at national and international levels. This ground-breaking book presents an in-depth empirical analysis of the nature of lawyers’ involvement in the facilitation of money laundering and its control through criminal justice and regulatory mechanisms. It is based on qualitative research combining analysis of cases of lawyers convicted of money laundering offences with interviews with criminal justice practitioners, members of professional and regulatory bodies and practising solicitors, and analysis of relevant national and international legislative and regulatory frameworks. The book demonstrates the complex and diverse nature of lawyers’ involvement in laundering activity, and shows that their actions and the decisions they take must be understood in relation to the specific situational contexts in which they occur. It provides significant new insights into the criminal justice and regulatory response to professional facilitation of money laundering in the UK, raising questions about the effectiveness and appropriateness of the response and the challenges involved. The book develops a framework for future research and analysis in this area, and proposes a range of potential strategies for controlling the facilitation of money laundering. Lawyers and the Proceeds of Crime is essential reading for those researching money laundering, white-collar crime or organised crime, and for practitioners and policy makers concerned with preventing the facilitation of money laundering.

Accounts for Solicitors
Accounts for Solicitors

Author: Ralph S. Denny

Publisher: Psychology Press

Published: 2003

Total Pages: 388

ISBN-13: 1859417949

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The 2002 Annual Report of the Solicitors Disciplinary Tribunal stated that financial irregularity and breaches of the Solicitors Accounts Rules 1998 were the predominant cause of misconduct in approximately a third of the cases it heard. It is therefore essential that all students in Legal Practice Course and all practicing Solicitors have a good understanding of accounting principles. This book starts with basic bookkeeping principles and develops an analysis of the provisions of the Solicitors Accounts Rules 1998. This leads to an explanation of specific areas,for example, VAT accounting for disbursements, stakeholding and retirement from practice. Accounts for Solicitorswill be of value to solicitors and their accounting staff, as well as students on the Legal Practice Course and trainees.

Solicitors and the Accounts Rules
Solicitors and the Accounts Rules

Author: Peter Camp

Publisher: Law Society Publishing

Published: 2011

Total Pages: 0

ISBN-13: 9781907698125

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This guide outlines the basic requirements of the Solicitors' Accounts Rules, ensuring an understanding of what is required of solicitors' practices before moving on to address the systems and procedures. It explains the requirements of the Rules, providing practical guidance on how to prevent some of the most common pitfalls.