Solicitors remain perplexed about what is expected of them from the anti-money laundering regime. Despite the fact that anti-money laundering measures have been in place in the UK for some 17 years – notwithstanding that the current SAR regime has remained substantially unchanged for 10 years, that the Proceeds of Crime Act was trumpeted two years before its implementation, that the Law Society set up a Task Force four years ago, that it has sponsored training during that time and that commercial trainers have run hundreds of courses – solicitors are still in a state of great uncertainty.

The Law Society has published guidance, but only in a pilot form. It is about to publish more focused guidance dealing with specific practice areas. Family lawyers are still uncertain about their disclosure obligations and tipping off, despite the ruling in P v P. Bowman v Fels is being considered by the Court of Appeal and will, it is hoped, clarify aspects of s328 of the Proceeds of Crime Act. Conveyancing lawyers are confused about the competing interest of clients, where they act for both purchaser and mortgage lender. Childcare lawyers are troubled by issues of confidentiality when they learn of benefit fraud in the course of their work. Private client lawyers are concerned by how far they can go in advising tax delinquents to regularise their affairs without reporting. The magic circle firms have long expressed frustration at the onerous duties placed upon their clients in transacting in the UK, when compared with their colleagues in the US and other major financial centres. Overall, there is nervousness about the extent of LPP and when it is a defence to failure to report.