Compliance for Law Firms - 8 Essential Online Modules

Introduction

This bundle comprises 8 online webinars addressing the most important areas of compliance for law firms.

Delivered in bite-sized 30-60-minute sessions, each online module will cover the key messages - and warning signs.

Presented by Jo Morris, Keith Markham, and Trevor Hellawell, this is the ideal way for you and your colleagues to keep up to date with all the latest developments in legal compliance.

Agenda

The modules covered are as follows:

Module 1 - AML Update - 60 Minutes - Jo Morris

It seems that we are constantly seeing changes being made to regulations and guidance in relation to AML/CTF.

2023 has seen updates to the LSAG guidance and an advisory note issued on funds from China, changes to the regulations regarding discrepancy reporting and updates from the SRA including a new Sectoral Risk Assessment and Risk Outlook.

So, are you up to date with everything AML?

This module will cover the following:

• An update of the current legislation
• A summary of the changes in the Legal Sector Affinity Group guidance
• An overview of the SRA Sectoral Risk Assessment and Risk Outlook
• What we need to do in practice and what we should have in place

Module 2 - Conflicts & Confidentiality - 30 Minutes - Trevor Hellawell

Conflicts and confidentiality are cornerstones of the ethical codes observed by SRA.

This module will cover the following:

• What is a conflict?
• When you can act in such a situation
• What does ‘acting’ for a party really mean?
• What is informed consent?
• What is confidential?
• How do you reconcile confidentiality with disclosure?
• How is it breached?
• When can you act in compromised situations?

Module 3 - General Data Protection Regulation - 60 Minutes - Keith Markham

This session has been fully updated in the light of ongoing developments and reviews a series of key issues that arise from the GDPR and the Data Protection Act 2018.

A series of practical steps will be suggested that should be taken in response to the issues highlighted.

This module will cover the following:

• UK GDPR v EU GDPR - how are they different and which applies to me?
• The ‘accountability’ principle - how do I comply with this in practice?
• Privacy statements - what content needs to be included?
• Consent - do I have to rely on this or are there alternatives?
• Security breach management - what are the key requirements?
• Role of the data protection officer - do I need to appoint one?
• Enforcement - examples of recent action taken by the ICO
• Compensation - examples of recent case law

Module 4 - SRA Accounts Rules - 30 Minutes - Jo Morris

The SRA Accounts Rules 2019 have been in force for over two years.

Comprising only 13 rules, they are far shorter and less prescriptive than before, but we still need to ensure we are protecting client monies.

What are the key changes in the new rules and what difference do these changes make in our working life?

This module will cover the following:

• The 13 rules explained
• What has been included in these rules and what have we lost
• The guidance notes from the SRA
• The role of the COFA
• What the new rules have meant in practice and what should we have in place

Module 5 - EDI Wellbeing & Fitness to Practice - 30 Minutes - Trevor Hellawell

In April 2023 the SRA’s amendments for wellbeing inclusions in the Standards & Regulations and Codes of Conduct came into effect.

The aim is to take account of indications of unacceptable behaviour which may be born of stress and pressure, not least in the aftermath of the pandemic and the current cost of living crisis.

It challenges us to call out unacceptable practices in the workplace - and outside - and to feel open about reporting when matters get out of hand. It also encourages an open culture in the workplace and support for all staff in their workloads and work-life balance.

This module will cover the following:

• Amendments to the Codes of Conduct
• Amendments to the Fitness to Practice Regulations
• Key inclusions in a Wellbeing strategy
• Support for staff in reporting unacceptable behaviour
• Differentiation between brusqueness and unacceptable behaviour
• Weaponization of SRA reporting?

Module 6 - Essential Cybercrime Protection Steps - 30 Minutes - Trevor Hellawell

Hybrid and WFH working practices have left the legal profession open to frauds and cybercrime like never before.

Much has been done over the last few years to tighten up our systems procedures and approaches, but more can still be done.

What steps do we need to have in place to ensure that we are not susceptible to attack, especially as our working practices adapt? What of our alertness to fraudsters who pretend to be people they are not?

All staff - fee-earning and administrative - would benefit from this update.

This module will cover the following:

• An outline of the key frauds and scams
• Recent fines and other errors
• WFH and other risks and exposures
• Essential steps to have in place
• PICNIC - the key issue
• What to do if you fall victim

Module 7 - Anti-Bribery Compliance - 30 Minutes - Jo Morris

Corrupt acts are a risk to our business and its employees as they may result in prosecution, fines and other penalties.

The Bribery Act 2010 came into force on 1 July 2011 and has now been with us for over 10 years.

Are your policies and procedures still up to date, do you have a dedicated officer, and have you trained your staff correctly?

This module will cover the following:

• An introduction - what is bribery?
• The legislation - the Bribery Act 2010
• Bribes v gifts
• Hospitality, gifts and entertainment and donations
• Ministry of Justice (MOJ) and the six principles
• What have you got in place - policies, procedures and registers?
• The cost of getting it wrong

Module 8 - Source of Wealth & Funds - 30 Minutes - Trevor Hellawell

Under the AML regime, according to the Legal Sector Affinity Group, the regulated sector must undertake source of wealth AND funds enquiries, but is this done frequently and searchingly enough?

Source of funds enquiries are commonplace, but they do not answer the fundamental question of how those funds were generated in the first place.

This module will cover the following:

• What the regulations require
• What the regulators require
• Source of wealth enquiries - key information to seek
• Source of funds enquiries
• Records - what records do we need; do we need to get clients to prove the truth of what they say?
• Unexplained Wealth Orders
• The issue of multiple funders

This webinar was recorded on 8th September 2023