In this module, we examine a final, fundamental aspect of the pre-instruction phase of Public Access – Client verification.

In the traditional model, the majority of barristers will never have troubled themselves with ‘KYC’ or ‘Know Your Customer’ checks – a task which is usually carried out by instructing solicitors and then relied upon by barristers. In reality, there is an onus on all barristers, as self-employed practitioners, to ensure that all appropriate AML checks have been carried out correctly.

Depending on the practice area, this can be a highly complex task, with a range of statutory due diligence requirements. Failure to complete such checks leaves you open to significant risk, including fines or even criminal prosecution.



In the absence of a solicitor to carry out such checks, a heightened awareness of client due diligence is therefore essential to protect yourself.



By the end of this module, you will:

Be aware of the heightened client verification requirements which may apply in a Public Access context.

Understand the role of key laws and regulations, including the Money Laundering, Terror Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002, The Terrorism Act 2000, and the Criminal Finance Act 1017.

Know when these legal regimes do and do not apply to Public Access work.

Understand your specific duties under the Legal Services Affinity Group AML Guidance.

Know the key steps of client due diligence and how to spot common red flags.