Responding to a production order under the Proceeds of Crime Act 2002

Introduction

The services offered by law firms mean they can be targeted by criminals seeking to launder criminal property.

Law enforcement agencies, including the police, may approach solicitors and firms requesting information and/or documents about clients (or former clients) as part of a wider investigation.

These approaches may lead some solicitors and firms to feel intimidated and somewhat under the microscope.

There may be a desire to cooperate and provide the requested information and/or documents.

However, solicitors and law firms should be mindful at all times of their duty of confidentiality to their client and of the need to protect and preserve a client’s privilege.

What can I tell the police?

Solicitors and firms have a duty to “keeps the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents” (rule 6.3 of the SRA Code of Conduct for Solicitors and SRA Code of Conduct for Firms).

Without consent from the client or a production order from a Crown Court, you should not:

• provide any information or documents, or
• confirm if your law firm has acted for the relevant party

If you receive a request for information and/or documents without a production order, you should explain that your duties under the SRA Standards and Regulations preclude you from assisting with the investigation without the client’s consent or a production order.

In all other cases, you should advise the investigator that you:

• are professionally prevented from confirming or denying that you act for the client (unless this is already a matter of public record), and
• cannot provide them with any details without a relevant notice or order

If a valid order is obtained, you should aim to comply with the order within the standard seven-day period.

However, you may suggest a longer period if you think the files are extremely voluminous or are held in an off-site archiving facility.

You should provide the investigator with the name of the person at the firm to whom any notice or order is to be addressed.

The production order

A production order is an order from the Crown Court requesting the production of information and/or documents as set out in the order.