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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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