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Retainer – unbundled services

Solicitors offering ‘unbundled’ services do not have a broader duty of care to their clients. Thus, solicitors can offer narrow, bespoke-defined services without having to worry about advising more generally.
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SRA – accountant’s report

The exemption from having to obtain an accountant’s report requires firms to assess at the end of the accounting period whether (i) the average (at least five-weekly) balance of client money they have held or received is less than, or equal to, £10,000, and (ii) the maximum aggregated total of client money held or received is less than, or equal to, £250,000.
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LLP – repudiatory breach?

The High Court has held that the concept of repudiatory breach does not apply to an LLP agreement. 

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Privilege – ‘legal professional’

A reminder of some of the basic rules on when legal professional privilege applies:
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Cyber fraud – Ms Mackie

The heart-rending case of solicitor Karen Mackie has received considerable publicity. But, for those who believe cyber fraud could not happen to them, it is worth repeating the facts.

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Cyber-fraud – precautions

Some 50 law firms have been subjected to cyber fraud in 2015 (apparently involving £50m, with one attack being for £1.9m).

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Accounts – residual balances

’Client money must be returned to the client… as soon as there is no longer any proper reason to retain those funds’ (Accounts Rule 14.3).

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Lobbying – register

Anyone – including law firms – who lobbies ministers must register under the Transparency of Lobbying etc Act 2014.

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Retainer – identifying

It is always important to (i) identify the correct client, and (ii) identify the proper scope of the retainer.

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Client account – not a bank facility

The Law Society issued guidance on 18 December 2014 on improper use of client accounts as banking facilities for clients. Needless to say, that is not what client accounts are for and the use of them for such purposes risks law firms being involved in financial crime and the evasion of insolvency processes. 

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Probate fees – increase
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The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
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We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
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Interim costs order – when to exercise
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Defective Premises Act – L liable
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The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
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With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
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Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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