For as long as I can recall, solicitors have acted as unpaid tax collectors, gathering in and paying to the government stamp duty on documents.
Now, with the advent of the new money- laundering legislation, we are also to act as unpaid informants to the government.
I have little difficulty with this idea in cases where one is trying to prevent the proceeds of serious crime, involving drugs or violence, for example, being cleansed by passage through our bank accounts.
However, it appears, according to one of my firm's money laundering officers (referring to P v P [2003] EWHC Fam 2260), that we must report any criminal activity from which a client may have derived benefit.
This, presumably, on the basis that any money they might pay us would be tainted.
Thus if we become aware that a client has been involved in the past in, say, tax evasion, we must, apparently, immediately report this.
If we do not we may be sent to prison and/or fined.
My personal opinion is that it would be a good idea if the already voluminous client-care letter carried a health warning - 'anything you say to your solicitor will be noted and may be reported, without your knowledge, to the appropriate government department.
This may result in your being prosecuted'.
A similar warning should be posted prominently in every interview and conference room.
In so many instances where people are vulnerable and likely to say more than is wise, they are protected from the consequences of their folly.
Nobody should now be allowed to remain under the illusion that what they tell their lawyer is in any way confidential.
Andrew Maisey, The Endeavour Partnership, Stockton-on-Tees
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