A solicitor's client account can be misused to 'place' dirty cash into the banking system, or to confuse the audit trail for dirty money already in the banking system. Once the money is in a client account, it will have the appearance of legitimacy.
The use of large amounts of cash may be suspicious. Therefore, the Law Society recommends that firms consider a cash policy. Dependant on the assessed level of money laundering risk, some firms may choose not to accept any cash, while other firms may feel a financial limit is appropriate. Firms may also like to consider a policy in relation to clients' instructions to make payments to third parties, where such a payment is not necessary for the purposes of the ongoing transaction.
Client accounts should only be used for holding client money when necessary to effect legitimate transactions for clients, or for a proper underlying legal purpose. The Law Society's pilot guidance on money laundering advises solicitors that they should not provide a banking service for their clients. Solicitors should consider carefully the appropriate timing when disclosing bank account details. Where a solicitor is acting for a client, there is no legal requirement to make enquiries on the source of funding from other parties to that transaction. However, it pays to be alert to warning signs and making a risk assessment will ensure that you obtain further information where necessary.
- The Law Society's professional ethics team provides a confidential advice service for solicitors and their staff about professional conduct rules, including money laundering (tel: 0870 606 2577 from 11am to 1pm and 2pm to 4pm). Download the Law Society's pilot guidance on money laundering from the Internet by visiting: www.lawsociety.org.uk.
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