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11 February 2010 / Mark Sharpley
Issue: 7404 / Categories: Features , Profession
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Fraud awareness

Mark Sharpley suggests how to prevent fraudulent activity

Whenever there are pressures on a business, and solicitors’ practices are no exception, there are opportunities for fraud for those who are unprepared or unaware. Fraud within a legal practice can arise from three directions:
l  staff working operating without proper supervision or control;
l fee earners and partners working under duress; and
l clients who take advantage.

Clever fraudsters can be adept at covering their tracks. To counter this the Law Society, by continuing to improve the Solicitors’ Accounts Rules (SAR) controls covering good practice requirements for the proper control of client money endeavours to give quality guidance which, when followed, actively discourages fraudulent activity.

This certainly reduces the likelihood of internal fraud of both fee earners and other staff but it is important that principals and owners monitor the controls and ensure compliance is reviewed on a regular basis, either by the practice manager, a suitably qualified individual or external reporting accountants. There is no excuse for negligence when, or if, a firm does not regularly control the

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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