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Article
Publication date: 15 March 2022

Muhammet Emir Çelik

The purpose of the research paper is to determine the efficiency of all crimes approach, their relationship with a risk-based approach and the consequences on regulated sector…

Abstract

Purpose

The purpose of the research paper is to determine the efficiency of all crimes approach, their relationship with a risk-based approach and the consequences on regulated sector professionals. And, therefore, what is meant by suspicion, how employees follow the requirements and how it affects the quality and quantity of suspicious activity reports. It also considers the economic and legal challenges the regulated sector faces while dealing with customers or clients. All in all, this paper investigates what does the anti-money laundering (AML) regime means for legal practice and how lawyers’ responsibility is affected.

Design/methodology/approach

As the research is being conducted through the analytical methodology, the specific topic of “regulated sector professionals and reporting suspicion of money laundering” is analyzed. It evaluates the fact that the risk-based approach followed in Financial Action Task Force (FATF) recommendations and its adaptation in the UK with all crimes approach caused discrepancy in the judicial system and influenced regulated sector professionals negatively.

Findings

The paper points out that in spite of protective amendments in terms of jurisdictional immunity, UK legislation has caused problems for regulated sector professionals, such as the potential of breaching a client confidentiality agreement and avoiding tipping-off, thus remaining under pressure by clients and facing the risk of losing their clients or obligation to record suspicions in case of court investigation.

Originality/value

The question of money laundering and the FATF recommendations has had a considerable scholarship. However, the proposed study intends to precisely look at the efficiency of all crime approaches, their relationship with a risk-based approach and the consequences on regulated sector professionals. The proposed research will further determine the regulated sector’s economic and legal challenges while dealing with customers or clients. Unlike the existing scholarship, the proposed thesis will focus on what the AML regime means for legal practice and how lawyers’ responsibility is affected.

Details

Journal of Money Laundering Control, vol. 26 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 7 October 2019

Anastasia Suhartati Lukito

This paper aims to explain the regulations in Indonesia that apply to lawyers and other professional advisers in terms of their obligations as reporting parties of suspicious…

Abstract

Purpose

This paper aims to explain the regulations in Indonesia that apply to lawyers and other professional advisers in terms of their obligations as reporting parties of suspicious financial transactions with respect to money laundering and other financial crimes. As lawyers and other professional advisers offer services to the business community in Indonesia, they are vulnerable to becoming parties to illegal business transactions. The results could lead to bribery, graft, tax crime and corruption in Indonesia.

Design/methodology/approach

This paper explores and analyzes the obligations of lawyers and other professional advisers under Indonesian law, with particular reference to their obligations as reporting parties in efforts to prevent economic crime within the country’s business community.

Findings

Lawyers and other professional advisers, as reporting parties, can be viewed as the gatekeepers that inhibit economic and financial crimes. Consequently, a new perspective is needed for all of the legal professions so that they can protect themselves from the risks of being targeted by nefarious clients/offenders. To strengthen the role of these advisers, it is recommended that both a code of ethics and know your customer principle to be implemented.

Practical implications

This paper can serve as a resource that explores the functions of lawyers and other professional advisers as reporting parties whose aim is to prevent financial and economic crime in Indonesia.

Originality/value

This paper encourages lawyers, other professional advisers, and public and private institutions to implement a code of ethics, and also integrity and professionalism, with a view to preventing economic and financial crimes. According to the code, the functions and obligations of lawyers and other professional advisers include discouraging such offenses. The code becomes effective when legal professionals adhere to legal ethics and integrity.

Details

Journal of Financial Crime, vol. 26 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 13 November 2023

Clémence Demay and Mathilde Krähenbühl

This paper aims to explore how the argument of “eco-reproductive” concerns was mobilized in climate change trials in Switzerland. Looking at social movements' advantages and…

Abstract

Purpose

This paper aims to explore how the argument of “eco-reproductive” concerns was mobilized in climate change trials in Switzerland. Looking at social movements' advantages and constraints when having recourse to the law, the authors interrogate why the symbolism of reproduction and kinship represented a political opportunity to defend the activists in a judicial system where judging is seen as an apolitical act.

Design/methodology/approach

This paper is grounded in legal research and research on social movements. While legal research focuses mainly on the study of legal and written sources, the authors used ethnography and conducted interviews to cross the perspectives of activists, their lawyers and judges.

Findings

In a context where positivist legal tradition remains strong, the “eco-reproductive” argument represented the advantage of being “apolitical,” thus audible in court. Used as socio-political tools, “eco-reproductive” concerns translated the activists' political claims into the legal arena. However, judges' conservative beliefs on family reinforced the depoliticization of activists' claims.

Originality/value

While research on “eco-reproductive” concerns has been significantly quantitative and exploratory, the authors look in depth at one case of application and highlight the limits of “eco-reproductive” concerns to appeal to decision-makers.

Details

Journal of Organizational Ethnography, vol. 12 no. 3
Type: Research Article
ISSN: 2046-6749

Keywords

Article
Publication date: 28 May 2020

César Tureta and Clóvis Castelo Júnior

The purpose of this study is to analyse organizing professionalism and its consequences for the work of lawyers in large Brazilian corporate law firms.

Abstract

Purpose

The purpose of this study is to analyse organizing professionalism and its consequences for the work of lawyers in large Brazilian corporate law firms.

Design/methodology/approach

The study used qualitative interviews with lawyers linked to six of the Brazilian’s leading law firms. The focus of the interviews was to explore the work organization form considering the changes to the legal profession in recent years.

Findings

The results indicate that the institutional changes had substantial consequences for lawyers: a need to organize work, to integrate professional and management logic and to develop typical managerial skills to be more connective when performing tasks in work teams.

Research limitations/implications

Socio-economic changes that gave rise to more flexible forms of work organization have imposed professional restructuring and leading law firms to adopt a business model of organizing. The study is based on qualitative interviews, meaning that the findings cannot be generalized.

Practical implications

Lawyers need to develop typical managerial skills to align their competencies with the management logic incorporated by law firms.

Originality/value

Despite the increase of studies on professions, the integration of professional and managerial logic and its consequences to lawyers has been underdeveloped. Furthermore, research has focussed mainly on macro-level changes and given less attention to how institutional changes impact individual level.

Details

Management Research Review, vol. 43 no. 11
Type: Research Article
ISSN: 2040-8269

Keywords

Article
Publication date: 1 May 1987

Geraint G. Howells

The four sections to this article have distinct but inter‐related objectives. Part I introduces the concepts, problems and tensions central to an understanding of the product…

Abstract

The four sections to this article have distinct but inter‐related objectives. Part I introduces the concepts, problems and tensions central to an understanding of the product liability debate. These issues recur throughout the article. Part II outlines the development of product liability law in Europe and assesses the impact of the European Directive on Product Liability. The “product liability crisis” in the United States is discussed in Part III, which looks at the law's development and proposals for reform. In Part IV the United States and European positions are compared and the case is made out for a global uniform product liability law which recognises the social responsibility of the producer towards those injured by his products.

Details

Managerial Law, vol. 29 no. 5/6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 23 June 2020

Seonghee Han, KiKyung Song and Eunyoung Whang

Job satisfaction along with a work–life balance of attorneys in law firms has become an important issue to the legal industry. This paper examines the relationship between…

Abstract

Purpose

Job satisfaction along with a work–life balance of attorneys in law firms has become an important issue to the legal industry. This paper examines the relationship between strategic positioning of law firms and the job satisfaction of their associates.

Design/methodology/approach

Using 1,108 firm year observations of US law firms from 2007 to 2016, this paper examines how a firm's strategic positioning affects the job satisfaction of its associates. The strategic positioning is measured with two financial ratios derived from modified DuPont analysis: revenue per lawyer (RPL) and leverage (LEV). To compare the level of associates' job satisfaction depending on law firms' RPL and LEV, this paper uses t-tests. In addition, this paper adopts OLS regression and simultaneous equations to examine the relation between law firms' strategic positioning and their associates' job satisfaction.

Findings

This paper shows that associates in the law firms with a high LEV strategy have lower job satisfaction because these firms provide a more demanding work environment than in the firms with a high RPL strategy.

Originality/value

This paper first documents empirical evidence that a firm's strategic positioning significantly influences job satisfaction of its employees, using data on the legal industry which is human-capital-intensive and is considered one of the sectors that provide the most notorious work environments.

Details

International Journal of Organization Theory & Behavior, vol. 24 no. 1
Type: Research Article
ISSN: 1093-4537

Keywords

Article
Publication date: 1 May 2002

Fawad Kaiser

There has been a substantial increase in the number of applications for Mental Health Review Tribunal (MHRT) hearings since they were introduced under the Mental Health Act 1983…

Abstract

There has been a substantial increase in the number of applications for Mental Health Review Tribunal (MHRT) hearings since they were introduced under the Mental Health Act 1983. This article discusses the implications of an apparent high level of last‐minute cancellations of scheduled hearings, often linked to the absence of independent psychiatric reports (IPRs). The author suggests a streamlined ‘one medical member review’ system would reduce the likelihood of such costly cancellations.

Details

The British Journal of Forensic Practice, vol. 4 no. 2
Type: Research Article
ISSN: 1463-6646

Article
Publication date: 1 January 1998

John Cotton

In 1993, the operation of Australia's financial reporting legislation was reviewed by a Senate Committee (‘the Committee’). It proposed various changes to the Financial…

Abstract

In 1993, the operation of Australia's financial reporting legislation was reviewed by a Senate Committee (‘the Committee’). It proposed various changes to the Financial Transactions Reports Act 1988 (FTRA), most of which were accepted in the Government Response in 1995. One of the few points of disagreement was whether the reporting requirements of the FTRA should be extended to cover solicitors.

Details

Journal of Money Laundering Control, vol. 1 no. 3
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 1 March 1992

Paul Handford and Patrick Ellum

Discusses the importance of the expert witness in constructiondisputes between a building′s owner and the contractor and engineer.Examines the technical issues the judge must…

Abstract

Discusses the importance of the expert witness in construction disputes between a building′s owner and the contractor and engineer. Examines the technical issues the judge must resolve, the things involved in being an expert witness, and the qualities an expert witness should possess. Concludes that the expert witness should have the ability to advise the client, and should leave the team if the evidence cannot assist the client.

Details

Structural Survey, vol. 10 no. 3
Type: Research Article
ISSN: 0263-080X

Keywords

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