Aug Contents

Solicitor’s imprisonment sounds warning bells

Jailing of an English solicitor for failing to report a suspicion of money laundering is a warning to the profession

Exemption from payment of court dues

Correspondence between the Society and Scottish Courts Service about claiming exemption from court fees in legal aid cases

Scottish Solicitors’ Discipline Tribunal

Report relating to Julian Struthers Danskin

What price the core values

Fuller version of article in Vol 47, no 7, page 37 in which Scottish and Irish Law Society Presidents restate the core values of the profession and oppose “Tesco law”

“It’s good to talk”

Legal profession must act to allay misconceptions about the way it operates

Homeowner logbooks a step too far

Conveyancing Committee promotes retention of caveat emptor and resists suggestions that homeowners should keep logbooks of repair work

The Judicial Appointments Board – a misnomer

Criticism of the Judicial Appointments Board on the ground that it lacks any real authority [NB correction at Vol 47 no 10, page 10]

Changed days

With the introduction of family courts, drugs courts and negotiating small claims, judges are being removed from their role of impartial umpire

In praise of rote learning

In the rush to embrace modern teaching and training methods, the traditional merits of learning for written exams should not be hastily dismissed

The best laid plans

A solicitor’s experiences on a climbing expedition to Alaska

Communication can curb complaints

Client Relations Committee convener tells of latest initiatives by the Society to deal with client complaints

Separate probation and community service

Latest criminal cases, on sentencing; evidence; entrapment; inadequate representation; search warrants

Simplifying insolvency proceedings?

A guide to the EU Regulation 00/1346 on insolvency proceedings

Online negotiation – changing the norms

Some lawyers are now conduction negotiations to settle cases in different online forums, but government is not using these as it could

Website reviews

Reviews of websites dealing with intellectual property law

Under pressure

The impact of stress on efficiency, productivity and conduct of practitioners and implications for risk management

In practice

Situations considered by the Professional Practice Committee dealing with closing dates, cashback deals and settlement with lenders’ agents

Europe

EU roundup including consumer protection, and international accounting standards

Plain speaking

Part 3 of a series encouraging lawyers to use plain language in dealings with clients

Book reviews

Reviews of The Governance of Scotland; Evidence: Cases and Materials

When law met hip-hop

Experiences attending an IBA conference on transnational criminals

Featured Article

Solicitor’s imprisonment sounds warning bells

1 Aug 02

Jailing of an English solicitor for failing to report a suspicion of money laundering is a warning to the profession

The jailing of solicitor Jonathan Duff at Manchester Crown Court is ominous for all in the profession and acts as a stark warning that the price of unintentional money laundering could scarcely be higher.

Duff failed to report his suspicion in relation to money paid to his firm by a commercial client who was subsequently convicted of drug trafficking.

The circumstances of the case, as reported in The Times on July 23 are as follows.

In the mid 1990s, Duff was paid £70,000 by an established client on account of fees. A short time later the client asked for his money back and Duff obliged, after deducting his fees. The following year the client was arrested and prosecuted for drug trafficking. The client pleaded ignorance and instructed Duff to defend him. After accessing prosecution evidence, Duff ascertained that the client spent the £70,000 on his ostensible business.

As a precaution, Duff consulted the Drug Trafficking Act. As section 52 refers only to suspicion of a person who is engaged in drug money laundering, Duff decided he had no such suspicion, concluding that at most it related to a past completed transaction.

While accepting Duff had misunderstood his professional duty under S52, the judge sent Duff to prison and spoke of the need to send out a clear message to solicitors.

The implications of the case are potentially vast, creating a predicament for any firm acting for a private client accused of having obtained money unlawfully.

Leslie Cumming, Chief Accountant of The Law Society of Scotland, said: “The risk to solicitors are the same in Scotland as they are in England.

“Recent developments in Europe and the enactment of the Proceeds of Crime Act on the 24th of July point to the need for greater vigilance in dealing with clients’ financial business.”

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