Q I have received an unsolicited e-mail from someone abroad wishing to transfer a large amount of money into this country and to use my law firm to do so. Should I respond to this?
A The Law Society advises that when solicitors receive such correspondence they should not respond to it, as it may be fraudulent. Delete it unless it is unusual in nature or contains account details, in which case a copy can be sent to the following address: SCD6 Intelligence Unit, Wellington House, 67-73 Buckingham Gate, London, SW1E 6BE, e-mail: fraud.alert@met. police.uk. This is the procedure unless there is knowledge or suspicion that money has actually changed hands, when reporting considerations under the Proceeds of Crime Act 2002 may apply.
Q My firm set up a trustee and executor company a couple of years ago. Because this had to be a recognised body, all the partners had to sign compensation fund covenants. Will we have to do this again when we apply for renewal of recognition in a few months?
A No. The changes reflected in the Solicitors' Incorporated Practice Rules 2004 included the abolition of the requirement to submit compensation fund covenants. The Law Society Council has also issued a statement that a covenant made under either set of earlier incorporation rules will not be enforced, except in cases where the relevant default or failure to account occurred before the new rules came into effect on 13 February 2004.
Telephone hotline
The Law Society's professional ethics lines are open for general enquiries between 11am and 1pm, and 2pm and 4pm. The lines are less busy in the afternoon. It takes emergency calls outside these hours, tel: 0870 606 2577.
Question of ethics is compiled by the Law Society's professional ethics guidance team. Send questions for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch; tel: 020 7242 1222
No comments yet