Practice advice Q&A

Money laundering and third-party payments under deed
Monday, 21 May 2012

I do not, as a rule, make or receive third-party payments, and I make sure my firm does not act as a banker, yet clients may arrange for payments to third parties under a deed of variation of benefits. The beneficiaries may all agree to send the money to anyone. Is there any potential for money laundering, or tax evasion?

Information management
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Lay executor delaying administration
Monday, 14 May 2012

I am instructed by two residuary beneficiaries in a probate matter. The lay executor is not represented and is being obstructive and is deliberately delaying the administration of the estate. Is it possible to make an application to have the executor removed and have our clients substituted instead?

Wills and probate
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PC fee on income tax form
Tuesday, 8 May 2012

My firm has paid the fee for my practising certificate. Do I have to declare this on my income tax return form?

Personal tax
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Wording for Distance Selling Regulations
Monday, 30 April 2012

Do you have any precedent wording we can put in our client care letters regarding the Distance Selling Regulations 2000?

Client relationships
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Interpreter for taking instructions
Monday, 23 April 2012

My client has been arrested and the police have arranged an interpreter for the Police and Criminal Evidence (PACE) interview. Can I use the same interpreter for taking instructions?

Crime
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Charge for incoming letters in bill of costs
Monday, 16 April 2012

I am a trainee solicitor assisting in the preparation of a bill of costs in a contentious matter. My firm’s cost draftsperson tells me that I cannot make a charge for incoming letters in my bill of costs. Is this correct? 

Costs and fees
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Conveyancing matter discharge
Tuesday, 10 April 2012

I act for clients in a conveyancing matter. The official copies show a charge in favour of the Law Society. Who do I contact to get this discharged?

Residential conveyancing
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Can an employee represent the company at a court hearing?
Monday, 2 April 2012

I am acting for a claimant in a debt-collection matter which will be heard in the county court. The defendant is a company and I have been told by its director that, because it cannot afford to instruct solicitors, he wants to represent the company at the court hearing. Can he do this?

Debt
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Third-party funds and Money Laundering Regulations
Monday, 26 March 2012

My firm deals with commercial clients with complex structures and often receives funds from third parties. How far do we have to go to establish the source of funds in relation to fulfilling our obligations under the Money Laundering Regulations (2007)?

Anti money laundering regulation
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Accessing hospital health records
Monday, 19 March 2012

In order to proceed with my client's case, I need to access her GP and hospital health records, and understand that there is a form approved by the Law Society and the British Medical Association to request the records. From where can I get a copy of this form?

Case and file management
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