Top 5 Takeaways from the ICO Data Protection Conference 2022
On the UK’s hottest day on record, our Rachael Eyre attended the ICO’s data protection conference along with 2000 other people. Thankfully for her, it was a remote event.
The data protection landscape is changing. In this post, we identify the most relevant updates for solicitors and law firms.
WhatsApp compliance: How to be compliance whilst using smartphone messaging services
Following on from our article on the benefits and perils of using WhatsApp last Autumn, we asked Chris Barley from Converso to elaborate on using WhatsApp in a business setting. Converso is trying to solve these issues, specifically focusing on the compliance issues surrounding law firms.
ICYMI: Back to basics: Solicitors undertakings – your word is your bond
This month’s free compliance webinar was all about solicitors undertakings. A topic which fundamentally underpins many legal services, but which is often taken for granted.
See the ‘Webinars’ section below for the recording and slides.
In this post we look at some of the key parts that came out of the webinar:
- What is a solicitors undertaking
- Enforcement
- Tips for giving and receiving undertakings
News and Guidance
Law Society Updates
- Practice Note: Who owns the file?
- Practice Note: Professional undertakings
- Practice Note: Setting up a practice: regulatory requirements
- Practice Note: File closure management
- Practice Note: Disputed wills: guidance for practitioners
- News: Register of overseas entities in force on 1 August: how property lawyers can comply
SRA Updates
- Guidance: Solicitors undertaking regulated financial services activities relating to pre-paid funeral plans – read this if you are tempted to take a commission for introducing this type of work.
Other Updates
- Legal Services Board: LSB sets new expectations to ensure lawyers remain competent throughout their careers – expect to start seeing consultations to replace the current Continuing Competence arrangements. The SRA has 18 months to comply with the LSB’s expectations.
- Financial Action Task Force: FATF Guidance for a risk-based approach (real estate sector) – essential AML guidance for property teams.
- Legal Futures: Barrister awarded £22k over chambers’ response to gender-critical tweets
- OFSI: Russia Guidance – Guidance for the financial and investment restrictions in Russia (Sanctions) (EU Exit) Regulations 2019 – latest official sanctions guidance
- Gazette: SRA’s £6m undertaking could save indemnity fund – temporary reprieve for the beleaguered SIF could provide a longer term sustainable model
- Gazette: Legal execs seek SRA regulation switch
Webinars
Recording: Undertakings
This month our free webinar went back to basics, focusing on professional undertakings. One of those topics we often take for granted, but which underpins many legal services.
Watch the recording here (passcode 1=Ga@1bV) – available for a few days.
Disciplinary decisions
- Emily Brady – Non-lawyer “struck off” under the Solicitors Act for falsifying signatures on witness statements.
- Laurence Hamilton – Fined £1,800 by SRA following a drink driving conviction.
- Richard Underwood – Retired solicitor fined £2,000 for allowing the client account to be used as a banking facility over a prolonged period.
- Michael Berry – Non-lawyer “struck off” for filing misleading witness statements to the court.
- Anne-Marie Matthews – Fined £2,000 for failing to complete adequate attendance notes when acting as a trustee.
- Katherine Alexander-Theodotou – Struck off for making false statements on an application for professional indemnity insurance.
We are taking a break in August – COLP-Insider will be back in September!
