Client care procedures
One of the first things you will need to do any new matter is a client care letter. As most of the plans you will be acting for will be existing corporate clients, you will not need to carry out any identification procedures, although you should be aware of them. They are all set out in the office manual, in the risk management section.
A client care letter should refer to the matter on which you are instructed to act And should set out the basic aims and the agreed target time scale, such is there is. In the latter you must inform the client of who will be undertaking work for them and give the name of the person with overall responsibility for the conduct of the matter. In fact, the letters are normally prepared as if they are from that person. We also inform clients that we have a partner contact in the event that they have a complaint with the field cannot be dealt with by the person supervising the file, although obviously we hope that that eventuality will not arise.
The letter should provide a fee estimate for work by staff and should also give the details of any anticipated disbursements, such as court fees, search fees and other costs. If it is not possible to give a quote at the outset, or start, of a matter you may, for example, suggest that you obtain their approval before undertaking any work in excess of an agreed limit. You must agree to provide an estimate at the earliest opportunity and in the meantime let the client know what costs are being incurred.
There are precedent letters in the department manual That you can access via the Internet. I would refer to those rather than the hard copies, as they are updated regularly on the system. Your secretary should be familiar with the letters, so you need only give him/her the information specific to this matter in order to prepare the first draft.
As a firm we are Lexcel Complaint. Basically, this means we conform to a standard approach by Lexcel And have incorporated their requirements into our systems, including those for file management. As well as giving quality assurance to our clients, our accreditation does make a difference to our indemnity insurance premium. Is far is the insurers are concerned, the risk of a game is lessened by the fact that we can demonstrate to an external auditor that we have effective risk management procedures in place.
Note: Lexile complaint indicates that a firm has the practice management quality mark of the Law Society
Question:
Talk or write about the client care procedure you are familiar with as if to a colleague working for another firm. Describe your experience of professional quality assurance schemes.
Money Laundering
Money laundering act is an act which is introduced to conceal illegal earnings of money investing in some other activities to show the property having legal existence. It is concerned with transparency of economic activity. Earnings without observable source of income become the matter of investigation. So is the case of criminally earned money. The Money Laundering Elimination Act 2064 (Mudra Shuddikaran Ain 2064) defines money laundering as every property which is earned through illegal or criminal means which is predicted as legally earned property. Earning accumulated through the following means thereby investing it in any land or property or business with coverage of legality amounts to the offense of money laundering. It includes a person assisting the enterprise thereby managing such property to be legally earned or persons help to escape money launders by any means.
· Tax evasion
· Earning from illegal producing and sale of arms and ammunition
· Earning money through terrorist activity or investing thereon
· Earning from violation of foreign currency exchange law
· Earnings by means of murder, kidnapping and hostage taking or trafficking in human being
· Earning from theft, cheating or forgery or counterfeit of currency
· Earning from illegal trading of narcotic drug
· Earning from illegal trading of wild life related offense
· Earning from illegal transaction through cooperative institute
· Earning from deforestation
· Illegal earnings from bank and financial institutions
· Earning by means of corruption
· Earning from illegal trading of ancient monuments or antique property
· Other offenses specified by Nepal Gazette
The process of money laundering
the illegally earned money in the hands of money launder’s need placement. They place it in a variety of banks or financial institutes opening several accounts and utilize it in money order business or transferred by check. Alternatively, be me invest the money insurance policy or purchase of security.
The money may be spent for the sale of goods or other lump sum purchases or investment in real estate like land and houses. Placement layering and integration are the three stages of money laundering activities which may be spread across several countries in a modern complex business economy. The launderers select the parties having weak control mechanism, corruption inadequate legal provisions thereon.
Successful money laundering helps criminal activities profitable, it rewards criminals. What country is viewed as half for money laundering, it is likely to attract criminals and promote corruption. The weak legal mechanism associated with the punishment system, encourage criminals to be engaged in their business. They invest money among officials holding key posts through corrupt practices. Depicted in the money laundering mechanism insists in prompt and effective action and confiscation of property found doubtful.
(Note: three stages of money laundering process: placement, layering and integration)
Question
Explain how money laundering is dealt with in a jurisdiction you are familiar with, as if to a foreign colleague.
Client Correspondence
Conciseness can be a feature of legal correspondence in English. This is partly achieved by using words or phrases to refer to segments of earlier text or by not completing a phrase in omitting words (ellipsis), assuming the reader can discover the meaning from the preceding text. Another feature of legal text is the use of capital mid-sentence for key terms which may be defined or interpreted elsewhere in the text or in another document.
Standard phrases for starting and ending letters and emails
stating the reason for writing
I am writing to inform/advise you that…….
Please find enclosed ……………./I am pleased to enclose ……….
We act for/on behalf of …………….
We are instructed by the above named client in relation to …………..
Referring to previous contact
further to our recent correspondence ………….
I write for the to my letter/our meeting of ………
As previously discussed, ………………
following our meeting on ………….
Thank you for your letter/e-mail of…………..
Offering further assistance
please let me know if you have any particular concern ……………….
Please let me know if we can be of further assistance ………………
if you have any questions, please do not hesitate to give me a call …………….
Referring to the next step
I should/would you be grateful if you could …………..
Could you please confirm that ………………..
Ending
I look forward to hearing from you shortly/as soon as possible.
I look forward to our meeting/you reply.
Legalese
legal language
legal writing in English has developed over hundreds of years and is characterized by specific features, some of which can make it difficult for the non-lawyers to understand. Characteristics of legal writing include: using Latin terms; using technical terms; using old fashioned words not much in general use; using legal jargon; using payoff words with the reciprocal relationship (Lessor/lessee); including the use of pair of words (Terms and conditions) or triplets (build, erect or construct); having special meanings for words in or in ordinary use; using vague words; using long sentences with little pronunciation; inverting word order; using capital letters to signal important or defined terms; avoiding personal pronouns; they specific use of modal verb ‘shall’ to impose an obligation or duty of on someone; the use of shall in a directory sense.
Latin Terms
there are many Latin terms in return English legal text, although recent reforms in the English justice system have encouraged the use of English rather than Latin. Some Latin terms are used so frequently that they are in general English use for example, bona fide, ad hoc, pro rata, etc.). It is useful to be able to recognize their meaning and a dictionary or online grocery will help. Some of the Latin terms with their meanings in English:
Add hoc - for this purpose
Affidavit - witnessed, signed statement
Bona fide – in good faith
Caveat – warning
De facto – in fact
De jure – by right
Et cetera (etc.) – and so on
Exempli gratia (e. g.) – for example
Ex parte (ex P.) – by a party of without notice
Id est – (i.e.) – that is
In camera – hearing a case in private
In curia – in open court
In situ – in its original situation
Inter alia – among other things
Ipso facto – by the fact
Per pro – on behalf of another
Per se – by itself
Prima facie – at first sight
Pro-rata – in proportion
Quasi – as if it were
Sub judice – in the course of trial
Ultra vires – beyond the power
Videlicet (vi) – namely
Older forms and modern equivalence
A number of linking terms are used in older return legal text (case reports, legislation, court documents, contracts, etc.) to refer to other parts of the same text, to different legal documents, or two related contexts.
The aforementioned/the foregoing - sit out above/written above
the undermentioned - set out below/return below
hereafter - after this
hereby -in this way/by this
herein - in this document
hereof - of this
hereto – to this
herewith – with this
notwithstanding – despite
thereafter – after that
therein – in that way/ by that
thereof – of that
thereto – to that
therewith – with that
Question
what are the advantages and disadvantages of drafting legal text in plain language?
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