Section 5.7 of the 2022 Conveyancing Quality Scheme (CQS) Core Practice Management Standards (CPMS) states that CQS accredited law firms are required to have a Conflict Handling Policy. However, many SROs not know how to write such policies and procedures.
We well drafted Conflict Handling Policy will cover the prevention, detection and mitigation of conflicts of interests help your lawyers act in a principled way. Such priciples include:
1. Acting with independence and integrity.
2. Acting in the best interests of your Clients.
3. Keeping the interests of the Client paramount.
4. Refusing act for a Client where you judge it is not in their best interest for you to do so.
5. Refusing to accept instructions from a person nor continue to act for a Client whose interests conflict directly with your own, the entity’s, or another Client.
The UK government has dropped a regulatory bombshell that will fundamentally reshape your life, and yes, we are talking about the dreaded FCA AML audit. For years, you’ve been supervised by your legal peers, the SRA, but those days of relative comfort are drawing to a close. The big news? Responsibility for Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) supervision for the legal and accountancy sectors is being handed over to the Financial Conduct Authority (FCA. That's right, the same folks who put the fear of God into the big banks are now coming for your conveyancing files. Cue the dramatic music. What does the FCA take-over actually mean? Forget the gentle nudge; prepare for the financial services full-body search. An FCA AML audit is likely to look a lot more like a detailed financial inspection and a lot less like a polite chat with the SRA. Think maximum emphasison: Ironclad AML documentation (no more "it's in my head" polici...
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