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Legal Compliance for Solicitors
Infolegal is one of the leading providers of regulatory, compliance and management support services and resources to solicitors in England and Wales. We work with law firms of all types and sizes to ensure compliance with the requirements of the Solicitors Regulatory Authority (SRA) as well as providing expert and practical advice on issues including Anti-Money Laundering, Data Protection, Cybersecurity, and practice management. Our directors and associates have been involved in solicitor regulation, compliance and management for many years and have an unrivalled knowledge of how these impact upon solicitors and those in legal practice.
Whether you are setting up in practice for the first time or an established firm, Infolegal can assist you with a wide range of issues including authorisation, anti-money laundering procedures, risk management, compliance audits, drafting a solicitors’ office procedures manual, data protection, cybersecurity and compliance with the SRA Standards and Regulations. We can assist you in putting in place processes and procedures designed to assist you in attaining and retaining Lexcel, the Conveyancing Quality Scheme (CQS) and the Specialist Quality Mark (SQM) and can help you to address other issues in your practice including COLP/COFA support, the duties of the MLRO/MLCO, Transparency Rules issues and much more besides.
In addition to our bespoke consultancy services, Infolegal can also provide your firm with access to the unique Infolegal InfoHub – a comprehensive yet simple to use resource designed to help your firm address its compliance and regulatory requirements, including draft office procedures manuals and template documents, guides and factsheets on regulatory topics, online training courses and training management and a fully customisable information and regulatory management resource. From just £60 per month* this is one of the most cost-effective ways to achieve compliance and ease the burden of regulatory management within your firm.
Setting Up in Practice
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Lexcel & CQS
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COLP/COFA Support
AML Compliance
The complete solicitor compliance and management resource
Infolegal’s InfoHub is a comprehensive yet simple to use integrated compliance and management platform that takes the hard work out of routine regulatory and management duties and allows law firms to manage information and compliance more easily and effectively.
Created by lawyers for lawyers, Infolegal’s InfoHub combines a range of regulatory support materials – including an office procedures manual, training courses, precedents, checklists and guides – with fully customisable resources to assess, manage and record compliance and maintain firm-wide management information enabling them more easily to address SRA standards and regulations, gain and maintain quality standards such as Lexcel and CQS, and demonstrate regulatory compliance.
Managing Compliance for Solicitors
Coping with compliance and management can be an uphill struggle. Not only are regulatory requirements becoming ever more complex and onerous but also communicating with and supervising those working remotely, or operating from another office, can be an additional challenge.
Despite the difficulties, firms are still required to have effective systems and procedures that can demonstrate at all times how regulatory requirements are, and have been, addressed. Not only must they monitor, analyse and assess the risks they face but also they must maintain appropriate records of how and when they did so.
The Infolegal InfoHub is specifically designed to help firms to achieve that necessary compliance whilst at the same time helping to reduce the burden that this can entail. By combining a wealth of regulatory information, training and guidance with a series of easy to maintain online records and assessments, the InfoHub can help your firm to ensure not only that it is compliant but also that everyone in the firm is able to meet their individual obligations and responsibilities.
Online Compliance Training
A key element in any firm’s compliance with regulatory requirements is ensuring that all personnel are aware of what is required of them. Not only is it a requirement of the SRA Codes of Conduct that solicitors maintain their competence to carry out their role and keep their professional knowledge and skills up to date but having development, learning and training provisions is also required by both Lexcel (paragraph 4.3 and paragraph 5.13(e) in relation to AML) and CQS (at paragraph 3.4).
All subscribers to the Infolegal InfoHub have access to a range of training modules covering a number of regulatory, management and compliance related topics including anti-money laundering, financial crime, data protection, accounts, equality and diversity, cybersecurity and the retainer process – to name but a few. Individuals within the firm can login to the courses in their own name and maintain records of the training they have done and how they have performed in accompanying tests.
In addition, the InfoHub provides firms with the option to appoint a training manager who can assign the modules as required within the firm, monitor the training undertaken by everyone and generally manage the whole training process.
Office Manual and Precedents
At the heart of regulatory compliance is the firm’s office procedures manual. The aim should be to create a manual that not only accurately describes the practice, its processes and what it expects of everyone within the firm but which is also able to support the firm in relation to Lexcel, the Legal Aid Agency’s Specialist Quality Mark the Conveyancing Quality Standard and the SRA’s requirements in the Standards and Regulations.
The Manual is available in three formats:
- a “sole practitioner” version intended to be used by those who practise completely on their own without colleagues or associates;
- a “sole principal” version intended to be used by those who have at least one colleague/employee; and
- a “firm” version aimed principally at practices with 2 or more partners/directors.
and has been designed to enable firms to deal with all of their compliance needs from one easy-to-use source.
Supporting the manual are a range of standalone precedents, checklists and templates. These cover topics that include cybersecurity, data protection, retainers and terms of business, accounts, working from home and client care.
Managing Regulatory Compliance for Solicitors
In addition to providing firms with information, training and precedents relating to compliance, the Infolegal InfoHub also allows users to record, store and manage information about their firm and its processes, compliance, risks, data protection information, experts and suppliers. These can be shared with colleagues as the firm sees fit.
The resources are specifically designed to assist those tasked with the responsibility of managing the practice such as COLPs, COFAs, MLROs and managing partners. They assist them in a number of functions including:
- carrying risk or legitimate interest assessments,
- gathering information about undertakings, complaints, key dates, regulatory breaches and external interests,
- performing firm-wide compliance checks, and
- sharing information through the firm and assisting it with remote working.
Latest Infolegal Regulatory Articles
Below you will find some of our most recent articles.
More in-depth information about many of these topics is available to subscribers on the Infolegal Compliance Hub.
Of all of the areas of solicitor regulation, the provision of financial advice to clients is surely one of the...
Increasingly solicitors are being asked to respond to a data subject access request (DSAR) where the request has come from...
SRA issues revised guidance explaining their expectations from solicitors and providing practical advice to firms on avoiding breaches of the...
Firms have been receiving the SRA’s questionnaire relating to anti-money laundering compliance, trust and company service provision and sanctions compliance....
Concern has been expressed about a questionnaire from the SRA dealing with the arrangements firms have in place for the...
Recent regulatory proceedings against Dentons and Clyde & Co, combined with other lower profile fines, for alleged AML infringements raise...
Are solicitors about to be rendered ineffective by the latest SRA plans to abolish client accounts? Are the demands of...
Legal Services Board issues Requirements, Guidance, and a statement of policy to regulators with aim of improving first tier complaints...
Be Alert to Cyber Fraud
As the press carries yet another report of a law firm client having been tricked into making substantial payments into...
The question of whether seeing the client’s personal documents or electronic ID evidence is sufficient when onboarding new clients often...
Just as firms are required to take a risk-based approach to AML best practice, so too must the SRA take...
The vast majority of solicitors firms in private practice are required not only to conduct a regular AML firmwide risk...
The extent of a firm’s legal responsibilities concerning helplines and clinic sessions was examined recently in the Court of Appeal...
As the SRA continues to monitor and inspect many firms’ AML compliance arrangements, and proceeds apace with the issuing of...
As the year draws to a close, there is no escaping the fact that the topic that has proved to...
The arrival of the long-awaited Economic Crime and Corporate Transparency Act 2023 is designed to allow UK authorities to proactively target...
AML is undoubtedly the most important regulatory issue that law firms currently face and the Solicitors Regulation Authority (SRA) has...
No matter how well managed your practice, and no matter how diligent your accounts staff, it is inevitable that at...
SRA issues new warning to solicitor firms that they need to be more thorough in undertaking client/matter risk assessments to...
One of the key duties faced by all COLPs and COFAs is the need to make a prompt report to...
As most high street firms will agree, these are tough times for those involved with residential conveyancing. In this article...
Recent warnings in the legal press as to ensuring firms are paid for the work they do, as with the...
The recently publicised cyber-attack on conveyancing giant Simplify, and which cost the group nearly £7m, reminds us all that cybersecurity...
For many law firms potential liability for breaches of sanctions controls may be theoretical but are nevertheless issues that cannot...
A revised LSAG coming into effect on 1 April 2023 introduces changes to the MLRs 2017, including in relation to undertaking...
One of the most common compliance problems to arise in relation to the SRA Accounts Rules is the prohibition against...
Following the LSB's "Statement of policy - ongoing competence" there had been some speculation that the SRA might feel itself...
The Solicitors Regulation Authority has published a consultation relating to proposed updates to a number of their rules and codes. ...
LeO Revise Scheme Rules
The Legal Ombudsman (LeO) has announced updates to its Scheme Rules, to take effect from 1 April 2023. The changes...
The New Year has seen a growth in the number of investigations into AML processes within solicitors' firms and has...
Confusion often arises as to who might qualify as being a beneficial owner and the degree of checking that is...
As many will testify, finding a client is listed on HM Treasury consolidated sanctions controls list will be one of...
An issue that often arises during AML checks where the firm has already been the subject of a monitoring inspection...
There is always the risk that the client onboarding process can be seen as being little more than a regulatory...
Client Interest Payments
The recent rise in interest rates means that many firms need to look again at the amount of interest that...
It is important for solicitors to bear in mind the key differences between statute and interim bills when billing clients...
The SRA have announced that they will, over the next few months, again be rolling out a programme of checks...
In the light of an increase in the number of complaints about sexual misconduct at law firms made to it,...
The government introduced the register of overseas entities on 1 August 2022 requiring anonymous foreign owners of UK property to...
SRA announces that its controversial increase in fining powers will take effect from 20 July 2022 with the maximum fine...
HM Treasury has given approval to the Legal Sector Affinity Group Anti-Money Laundering Guidance Note first published in January 2021. ...
Last month saw the publication of "Data: a new direction - government response to consultation" which contains those provisions likely...
Proposals designed to provide a fundamental shake-up of existing processes at Companies House have been put forward by the government...
SRA requiring firms to respond to AML questionnaire covering the levels of current activity within the firm and the specific...
Confidentiality
Increasingly, reports of confidentiality breaches are being made to the SRA. With this in mind, the SRA has published revised...
The obvious attractions of having a separate business - reducing costs enabling savings to be passed on to clients and...
Despite it not being well publicised, the Law Society has made some significant changes to the CQS standard. These are...
The crisis in Ukraine has led to a flurry of activity in Parliament. This has included the fast tracking into...
The importance of cybersecurity for law firms of all types and sizes cannot be overstated and with the continuing growth...
The online registration facility for registering a new trust opened on the 1st September 2021, but there has now been...
Issues relating to workplace culture and mental health issues have become increasingly topical in recent years. The SRA's stance with...
Passwords are an essential part of our everyday lives and are what prevent us from being scammed, robbed, impersonated and...
The Solicitors Regulation Authority (SRA) has published several new and revised pieces of guidance over the course of the past...
Is the approach to continuing legal competence about to change and will firms be forced back into a process involving...
LawCare research project reveals worrying levels of depression, stress and anxiety amongst solicitors as SRA considers new rules or standards...
Following ‘menopause awareness month’ in October, employers everywhere are being urged to do more to assist women experiencing the menopause. ...
Many subject to data protection legislation fear not doing the right thing. The reality of the position, however, is that...
The SRA's annual report on its enforcement activities in relation to the Money Laundering Regulations 2017, AML inspections and proposals...
What is involved in being a “trust and company service provider” (‘TCSP’) has been receiving attention from the SRA of...
Finding that a client is listed on the consolidated sanctions controls list maintained by HM Treasury will be one of...
Even before Brexit took effect UK data protection legislation was at best ambiguous with the potential for confusion between GDPR...
SRA issued its annual “Upholding Professional Standards” report for 2019/20 last month, outlining some of their more public activities and...
Will Construction
In this article we look at the timely warning as to the importance of some basic principles of the drafting...
News of disciplinary proceedings having been taken recently against a conveyancer who had acted for both parties in a conveyancing...
Recent SRA announcements on the related topics of cyber-based property fraud and anti-money laundering checking reveal that keeping the profession...
Following analysis in last month’s newsletter on the revised guidance in the 2021 Legal Sector Affinity Group AML Guidance we...
Recording telephone calls is proving ever more useful to law firms – if only as a means of ensuring a...
SRA stresses need for records to be updated for those already AML regulated firms now regarded as operating as tax...
The current COVID-19/coronavirus pandemic has undoubtedly affected the lives of most people. For many one of the most dramatic changes to...
A great deal of speculation is rife about the possibility of negative interest rates and the impact that this could...
The long-promised update to the Legal Sector Affinity Group AML Guidance was published on Wednesday 20th January which, at 212...
For the vast majority of us, 2020 will be a year that we will not forget, and mostly for all...
Ever since the anti-money laundering regime was first extended to the legal profession the scope of the regime has been...
The annual report on the Legal Ombudsman service in September reported not only on those areas of legal practice where...
The Money Laundering and Terrorist Financing (Amendment) (UK Exit) Regulations 2020 have, inter alia, made changes to the Trust Registration...
The provision of tax advice by solicitors is a potential minefield unless the firm has the required skills to offer...
Non-conveyancer compliance officers may be surprised to learn that systematic errors may be being made in the completion of Stamp...
A press release from the Legal Services Consumer Panel reveals a record number of consumers shopping around but many still...
Undertakings are a fundamental part of the practice of a solicitor and their importance cannot be stated too strongly. However,...
Bronwen Still, Infolegal director and former chair of the Board of Trustees of LawCare, reflects on the changing attitudes to...
SRA makes changes to the means by which individuals and firms are to make applications such as new firms and...
The SRA has emailed solicitors' firms giving them just 14 days in which to confirm that their websites comply with...
Businesses of all kinds - solicitors’ firms included - are facing unprecedented problems in the wake of the COVID-19 outbreak,...
For many solicitors considerations as to whether they may act in certain situations will inevitably surface from time to time....
Reforming Legal Services
A 340-page report, "Reforming legal services: Regulation beyond the echo chambers", conducted by Stephen Mayson, concludes that the regulatory framework...
With many lawyers currently working from home, and with many firms reviewing whether they can implement more widespread remote working...
Most firms are experiencing unprecedented challenges in maintaining their services to clients whilst they are unable to meet with colleagues...
What should solicitors do about gathering CDD when their office is closed or the client claims to be self-isolating in...
COVID-19 and Solicitors
As the impact of COVID-19 starts to really take effect, there is clearly a high chance that solicitors’ firms all...
All firms that carry out services that are subject to the Money Laundering Regulations 2017 must ensure that new beneficial...
In a recently published consultation, the Solicitors Regulation Authority has put forward proposals to restrict eligibility to the Compensation Fund...
Financial Crime Concerns
Issues relating to financial crime continue to be high on the regulatory agenda, and in this article we look again...
The recent spate of storms as increased everyone's awareness of the danger that flooding can present to properties throughout Britain. ...
The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 took effect on Friday 10th January. Although the new provisions will...
Paragraph 8.9 of the SRA Code of Conduct for Solicitors, RELs and RFLs has changed the way in which firms...
PII to Remain Unchanged
SRA announces that, following a consultation, it will not be making changes to the current rules requiring solicitors to have...
The Solicitors Regulation Authority are in the process of asking firms to certify to them by the end of January...
SRA’s announcement that it will be writing to the 7,000 firms to ask them to confirm they have a firm...
The SRA are very keen to make everyone aware that the length of the new Standards and Regulations, coming into...
The forthcoming Standards and Regulations are billed by the SRA as being shorter and simpler. It is easy to assume...
Whilst few of the forthcoming rule changes in the Standards and Regulations amount to more than just a rearrangement of...
As the commencement of the new Standards and Regulations regime approaches COLPs and COFAs, who shoulder the main responsibilities for...
One of the aims of the new Standards and Regulations was to reduce the length to the former Handbook. This...
As the November start date for the new SRA Standards and Regulations regime approaches so too does the need for...
Recently the SRA reported that a number of the firms in a thematic survey had inadequate PEP checking processes and...
Are You Transparent?
It is now over six months since the SRA introduced its Price Transparency Regulations, which came into force on 6...
SRA report on an initial exercise to survey the degree of money laundering compliance and state that of the 59...
Reporting Diversity Data
SRA requires that every two years all regulated firms collect, report and publish data about the diversity make-up of their...
Although previous articles have looked at he SRA's requirements in relation to price transparency, these have tended to focus on...
Residual Client Balances
A perennial topic for concern is that of residual client balances – a problem that can often get left on...
The recent publication by the Law Society of its Practice Note on “Non-disclosure agreements & confidentiality clauses in an employment...
New regulations from SRA will permit solicitors employed by unregulated entities to provide legal services to the public provided they...
The SRA proposal for “sole solicitors" to act outside the protections of a recognised sole practice is to come into...
SRA publishes updated Enforcement Strategy which sets out when and how the SRA will take action against a law firm...
A recent case provides a useful reminder of the importance of safeguarding confidential information unless, in accordance with Outcome 4.1...
Seen as an unwelcome burden upon firms already swamped by regulation, and due to take effect in December, the SRA...
The SRA issued a new version of its Handbook on the 1st October to address the changes that it had...
In this article we look at the provisions relating to asset freezing targets, obligations in relation to sanctions control and...
Much has been written recently about the SRA granting waivers to firms ahead of changes to the rules - but...
Lexcel 6.1 Takes Effect
The Law Society has now unveiled its latest version of its flagship Lexcel standard. Although only an interim updating version...
This article looks at three issues that arise from the SRA’s programme of de-regulation - indemnity insurance, waivers and costs...
We feature this month the familiar topic of who should bear the liability for property fraud when a vendor firm...
It now seems a long time since the SRA issued a series of consultations in 2016 and 2017 on the...
Data security is very much in the news at present - if only because of the focus that has been...
There can be little doubt that one of the major compliance issue of this year will be the implementation of...
Whose File is it Anyway?
The issue of who owns the solicitor's file and whether the client or their new representatives are entitled to demand...
In compliance terms, the main story of the year was without doubt the implementation of the revised Money Laundering Regulations...
The Criminal Finances Act introduces new powers to seize suspected criminal property even where there has been no conviction and...
In order to counter the risks of liability for this new offence law firms and other professional advisers must have...
The Law Society has now issued its revised guidance on compliance with anti-money laundering and terrorist financing requirements in the...
New powers will be made available at the end of this month to the authorities in their efforts to combat...
The SRA is reviewing the entire Handbook with the intention of making it shorter and simpler to understand and apply....
The recent decision in Hudson v SRA [2017] EWHC 1249 (CH) provides a stark reminder that the SRA must be...
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