Q and As

Our Q and As are examples of some of the recent questions that the Practice Advice Service has helped solicitors with. If you cannot find the answer you need, contact us.

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Is an MLRO automatically a BOOM?

What is a BOOM under regulation 26 of the Money Laundering Regulations? Is an MLRO automatically a BOOM?

My client is a possible sanctions match. What should I do?

I’ve been instructed to act in a transaction where the client comes up as a possible sanctions match. How should I proceed?

Can I charge for due diligence checks?

Can solicitors charge their clients the costs of carrying out customer due diligence?

What ID is needed to visit a client at a police station?

What form of identification does an accredited representative need to show when visiting a client who has been arrested at a police station?

Can an in-house solicitor represent an employer in court?

I am a retired solicitor now employed as in-house counsel for a limited company litigant. Can I represent my employer in court?

Do I need to go on the court record if I provide unbundled advocacy services?

My high-street practice has started to offer unbundled services in relation to family work. A prospective client wants to instruct us to deal specifically with...

What checks should I make before releasing a lasting power of attorney (LPA)?

A client's son has requested the release of a lasting power of attorney on the basis the client has lost mental capacity. What checks should...

Can I make a Sears Tooth agreement with a client having trouble paying their bill?

My client is having difficulty paying my bills, but their prospects of an ample divorce settlement are strong. Can I use a Sears Tooth agreement...

What is an electronic signature?

All parties in a commercial transaction have agreed to use electronic signatures to sign the contract. What constitutes an electronic signature?

Where do I report a discrepancy between my due diligence and the PSC register?

While carrying out customer due diligence, I found a discrepancy in the information I hold and the Persons of Significant Control register. Where should I...

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