Can I tell a client I made a suspicious activity report?
“My clients lodged a complaint with the Legal Ombudsman about a delay in their purchase transaction. Can I say this was due to a suspicious activity report to the National Crime Agency?”
You are under an obligation under the Solicitors Regulation Authority (SRA) Standards and Regulations and the Legal Services Act 2007 to provide information about the cause of the delay to the Legal Ombudsman (LeO) upon request.
However, it is very important you advise the investigator that this information is confidential and must not be communicated to the complainants, as this could amount to ‘tipping off’ under section 333A of the Proceeds of Crime Act 2002.
The obligation to co-operate with LeO arises under paragraph 7.3 of the SRA Code of Conduct for Solicitors.
Under rule 5.24(e) of the LeO Scheme Rules, you may seek a direction for the relevant information/documents to be provided to LeO strictly on the basis that it is disclosed only to the investigator and not to the complainant with a further direction that the complainant cannot be told all the information on which LeO makes its decision.
For more information, see our practice notes on handling complaints and what to do when a complaint goes to the Legal Ombudsman.
Disclaimer
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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