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Article
Publication date: 9 April 2020

Doron Goldbarsht

This paper aims to explore the ways in which the international standards in the field of anti-money laundering (AML) and counter-terrorist financing (CTF) have reshaped regulatory…

Abstract

Purpose

This paper aims to explore the ways in which the international standards in the field of anti-money laundering (AML) and counter-terrorist financing (CTF) have reshaped regulatory regimes in a globalised world.

Design/methodology/approach

This paper deconstructs the origins and development of international standards in the field of AML and CTF dealing with longstanding legal professional privilege. This paper adopts both qualitative and quantitative research methodologies. The qualitative aspect comprises a literature review of sources, including scholarly works, Financial Action Task Force (FATF) recommendations, reports and domestic laws. The quantitative aspect analyses a unique and comprehensive table reproduced below, that indicates Australia’s compliance with all the FATF recommendations over more than a decade with full alternation to FATF’s revisions of its recommendations.

Findings

This paper demonstrates that an understanding of the influence of the FATF norms can shed light on the departure from regular lawmaking processes and emerging forms of international governance. The conclusion suggests that tranche II is coming and Australia will amend it in domestic regime to comply with the international standard, applying the AML/CTF regime to the legal profession and thus interfering with legal professional privilege. The question is not if but when.

Originality/value

This paper fills the gaps in the existing literature by contemplating the future of legal professional privilege globally and in Australia, which provides a case study of a regime that does not yet comply fully with AML and CTF international standard. This approach differs significantly from that of other literature in the field, which deals comprehensively with the theoretical foundations of legal professional privilege, as well as its practicalities and limitations, without considering the influence of the international non-binding norms.

Details

Journal of Money Laundering Control, vol. 23 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 18 February 2021

Jenny Bronstein and Yosef Solomon

This study examines the information practices of Israeli lawyers highlighting the central role that information plays in professional communities of practice. Examining the…

Abstract

Purpose

This study examines the information practices of Israeli lawyers highlighting the central role that information plays in professional communities of practice. Examining the information practices of lawyers characterizes the information behavior of this community of practice.

Design/methodology/approach

Information practices are those recurrent practices related to actively seeking information for a variety of sources socially and contextually situated within members of a professional community. Twenty semi-structured interviews were carried out with lawyers in Israel that investigated the different ways by which lawyers interact with information in their professional work. Data collected in the interviews were analyzed using a grounded theory approach.

Findings

Findings from the content analysis of the interviews revealed three main themes: information assimilation, networking and self-promotion and content creation that encompass a wide variety of information practices related to seeking information related to a case, preparing and presenting a case, providing support for the client, collaborating with other members of the professional community and promoting their professional practice.

Originality/value

This study provides an innovating perspective of the ways by which an information-rich community of practice engages with information, solves problems, build social connections and creates new content.

Details

Journal of Documentation, vol. 77 no. 4
Type: Research Article
ISSN: 0022-0418

Keywords

Article
Publication date: 22 March 2011

Sheila Corrall and James O'Brien

Legal information work has expanded with the growth in knowledge management and emergence of a new type of knowledge/information manager, the professional support lawyer. This…

26374

Abstract

Purpose

Legal information work has expanded with the growth in knowledge management and emergence of a new type of knowledge/information manager, the professional support lawyer. This study aims to investigate competency requirements for library‐based information work in UK law firms, including the specialist subject knowledge required, methods of development and the impact on information professionals of professional support lawyers.

Design/methodology/approach

The investigation used a pragmatic mixed‐methods approach, including a mainly quantitative questionnaire, administered online to 64 legal information professionals, followed by eight semi‐structured interviews and a focus group with four participants. A literature review informed the questionnaire design and contextualised the findings.

Findings

The survey confirmed a broad range of competency requirements and clarified the specific subject knowledge needed. Participants favoured a varied combination of formal, and informal learning. Most participants also wanted specialised professional education for the sector.

Research limitations/implications

The nature of the sample and use of categorised questions were limiting factors, partly compensated by inviting open‐ended comments and follow‐up interviews. A larger study using qualitative methods with professional support lawyers and fee‐earners would provide a fuller more rounded picture.

Practical implications

The findings indicate that the subject knowledge needed for legal information work in law firms is more extensive than for other sectors and suggest that information science departments should strengthen and extend curriculum content to reflect this need.

Originality/value

The study has advanced the understanding of the competency, education and training needs of UK legal information professionals, challenging assumptions about academic/professional qualifications and illuminating the blend of competencies needed.

Details

Aslib Proceedings, vol. 63 no. 2/3
Type: Research Article
ISSN: 0001-253X

Keywords

Article
Publication date: 1 March 2013

Daria Panina and Leonard Bierman

The rule of law and an efficient legal system are the core factors that ensure growth in BRIC economies. Weak institutions and failures with respect to the rule of law in Russia…

Abstract

Purpose

The rule of law and an efficient legal system are the core factors that ensure growth in BRIC economies. Weak institutions and failures with respect to the rule of law in Russia call into question its position as one of the BRIC countries. The purpose of this paper is to propose that the legitimization of newly created formal legal institutions in Russia is impossible without a new set of values that reflect the ideals of professionalism. It aims to explore the role institutional stakeholders play in establishment of the new set of professional values.

Design/methodology/approach

A survey of existing legislation and academic research on professionalism and the development of the legal profession in Russia was undertaken to determine the state of the development of its formal and informal legal institutions. The role of stakeholders in the development of new professional institutions was also examined.

Findings

The paper finds that the creation of formal institutions supporting the rule of law in Russia is largely completed. Yet, in some cases the institutions lack legitimacy and public trust. Professionalism – a vital informal institution that promotes trust in legal systems and legitimizes its formal institutions is in the process of development. The agents of professional socialization such as the state, educational institutions, professional bodies and organizations play different roles in development of professionalism. Potential avenues for enhancing legal professionalism by the agents of socialization are identified.

Research limitations/implications

The current study contributes to the literature on institutional change in transition economies and suggests a complicated relationship between various formal and informal institutions in the Russian legal sector. Future empirical research should focus on the investigation of the newly forming informal institutions and the impact of old informal institutions on this process.

Practical implications

Companies doing business in Russia should be aware of the fact that the legal systems in the country are still in the process of development. Even though major formal legal institutions have already been created, some informal institutions still represent a serious challenge to safe and efficient business in the country.

Originality/value

The paper contains ideas for the future development of legal professionalism in Russia.

Details

Critical perspectives on international business, vol. 9 no. 1/2
Type: Research Article
ISSN: 1742-2043

Keywords

Open Access
Article
Publication date: 3 May 2022

Elissavet-Anna Valvi

The aim of the present study is to shed light on the role of legal practitioners, namely, lawyers and notaries, in the fight against money laundering: Are they considered as…

3173

Abstract

Purpose

The aim of the present study is to shed light on the role of legal practitioners, namely, lawyers and notaries, in the fight against money laundering: Are they considered as facilitators or obstacles against money laundering? How does the global and the EU legal framework deal with the legal professionals?

Design/methodology/approach

The research follows a deductive approach attempting to respond to questions such as: How do the lawyers’ and notaries’ societies react in front of the anti-money laundering measures that concern them and why? What are the discrepancies between the lawyers’ professional secrecy and the obligations that EU anti-money laundering legislation assigns them?

Findings

This study disclosures the response of the European union and international legal and regulatory framework as well as the reflexes of the international and European legal professionals’ associations to this danger. It also demonstrates the reaction of lawyers against European union anti-money laundering legislation, to the point that it limits not only the confidentiality principle but also the position of the European judicial systems to the contradiction between this principle and the lawyers’ obligation to report their suspicions to the authorities.

Research limitations/implications

To fulfil the study goals, it was necessary to overcome some obstacles, like the limitation of existing sources. Indeed, transnational empirical research considering the professionals who facilitate money laundering is narrow. Besides, policymakers and academics only recently expressed more interest in money laundering and its facilitators.

Originality/value

This paper fulfils an identified need to study the legal professionals’ role not only in money laundering practices but also in anti-money laundering policies.

Article
Publication date: 31 December 2015

Yosef Solomon and Jenny Bronstein

The purpose of this paper is to investigate the role of serendipity in legal information seeking behavior of family law advocates, whom act in a challenging information…

2499

Abstract

Purpose

The purpose of this paper is to investigate the role of serendipity in legal information seeking behavior of family law advocates, whom act in a challenging information environment that lacks published court rulings.

Design/methodology/approach

A quantitative research using a web-based structured questionnaire, among Israeli family law advocates. Single stage systematic sampling, with random starting point and no recurring pattern of each sixth family law advocate on the Israel Bar Advocates List, was applied. Data from 135 Israeli family law advocates were used for analysis.

Findings

Electronic information sources were found as most serendipitous; family law advocates were identified as super encounterers; four types of professional background concerns and seven legal professional contributions of the unexpected encounters with court rulings, were identified. Furthermore, findings support several frameworks presented on earlier information encounter literature.

Research limitations/implications

Data absence on demographic and professional variables distributions of Israeli family law advocates was a limiting factor, compensated by the systematic sampling method used, thus can be regarded to reflect the views of the entire study population. Surveys’ reliance on self-reporting recalls of serendipitous events is also a limiting factor, though predicted and acceptable in this matter since chance encounters occur unexpectedly and are complex to capture.

Practical implications

Chance encounters may expose lawyers to meaningful information it is unlikely they were able to find because its limited publication, and assist them keep up with current law for better serves their clients.

Originality/value

The study augments the current empirically based knowledge on serendipity and provides insights into legal information chance encounters among a little-studied group of knowledge workers: family law advocates.

Details

Aslib Journal of Information Management, vol. 68 no. 1
Type: Research Article
ISSN: 2050-3806

Keywords

Article
Publication date: 7 May 2019

Constance Gikonyo

The purpose of this paper is to examine the inclusion of lawyers in Kenya’s anti-money laundering regime and the role they can play towards assisting in detection and gate-keeping…

Abstract

Purpose

The purpose of this paper is to examine the inclusion of lawyers in Kenya’s anti-money laundering regime and the role they can play towards assisting in detection and gate-keeping of potential money laundering activities. Kenya is a transit point for trade-based money laundering. Accordingly, it is vulnerable to money laundering that can be facilitated by legal professionals, through their misuse by criminals. These professionals can be both enablers and perpetrators.

Design/methodology/approach

The study is secondary in nature. It is based on reviewing relevant literature and analysing the Proceeds of Crime and Anti-Money Laundering Act and the Proceeds of Crime and Anti-Money Laundering Regulations. The legislation and the rules form the core of Kenya’s anti-money laundering regime.

Findings

The omission of legal professionals from Kenya’s anti-money laundering regime constitutes a big gap under its preventative mechanisms. Further, it makes them attractive to criminals because they are under no legal obligation to report potential money laundering activities. Ultimately, the inclusion of lawyers as DNFBPs is necessary. This would seal the extant regulatory gap and ensure enhanced awareness amongst the legal professionals of the money laundering risks that they face.

Originality/value

Given Kenya’s money laundering susceptibility, it is necessary and prudent to critically consider the inclusion of legal professionals in its anti-money laundering mechanisms. The paper seeks to make a practical and scholarly contribution in considering the issue and possibly trigger further discussions, as well as the necessary legislative and policy changes. This would positively enhance the success of Kenya’s anti-money laundering regime in detecting money laundering activities.

Details

Journal of Money Laundering Control, vol. 22 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 6 June 2020

Eugene E. Mniwasa

This paper aims to examine the money laundering vulnerability of private legal practitioners in Tanzania, the involvement of these practitioners in money laundering activities and…

Abstract

Purpose

This paper aims to examine the money laundering vulnerability of private legal practitioners in Tanzania, the involvement of these practitioners in money laundering activities and their role in preventing, detecting and thwarting money laundering and its predicate crimes.

Design/methodology/approach

The paper applies the “black-letter” law research approach to describe, examine and analyze the anti-money laundering law in Tanzania. It also uses the “law-in-context” research approach to interrogate the anti-money laundering law and to provide an understanding of factors impacting on the efficacy and readiness of private legal practitioners in Tanzania to tackle money laundering. The review of literature and analysis of statutory instruments and case law, reports of the anti-money laundering authorities and agencies and media reports-generated data are used in this paper. This information was complemented by data from interviews of purposively selected private legal practitioners.

Findings

Private legal practitioners in Tanzania are vulnerable to money laundering. There is an emerging evidence that indicates the involvement of some private legal practitioners in the commission of money laundering and/or its predicate crimes. The law designates the legal practitioners as reporting persons and imposes on the obligation to fight against money laundering. Law-related factors and practical challenges undermine the capacity of the legal practitioners to curb money laundering. Additionally, certain hostile perceptions contribute to the legal practitioners’ unwillingness, indifference or opposition against the fight against money laundering.

Research limitations/implications

The paper underscores the need for Tanzania to reform its policy and legal frameworks to create enabling environment for anti-money laundering gatekeepers, including private legal practitioners to partake efficiently in the fight against money laundering. It also underlines the importance of incorporating the principles that govern the private legal practise to enable the practitioners to partake effectively in tackling money laundering.

Originality/value

This paper generates useful information to private legal practitioners, policy makers and academicians on issues relating to money laundering and its control in Tanzania and presents recommendations on possible policy and legal reforms that can be adopted and applied to augment the role of the legal practitioners in Tanzania to combat money laundering.

Details

Journal of Money Laundering Control, vol. 24 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 11 March 2020

Kennedy Otieno Pambo

Kenya has made little progress in its endeavor to categorize lawyers as designated non-financial businesses and professionals (DNFBPs), despite making spirited attempts in 2007…

Abstract

Purpose

Kenya has made little progress in its endeavor to categorize lawyers as designated non-financial businesses and professionals (DNFBPs), despite making spirited attempts in 2007, 2018 and lately in 2019. The legal professionals are, therefore, not bound by the reporting and other stringent obligations imposed by the Financial Action Task Force (FATF) to deter possible misuse by money launderers. The purpose of this paper, therefore, is to enumerate the ongoing efforts toward designating lawyers as DNFBPs in Kenya. The paper also assesses the institutional and legislative incentives (as well as barriers) for imposing the anti-money laundering (AML) duty thereto.

Design/methodology/approach

The paper provides a qualitative review of Kenya’s AML legislative framework and the potential support/hindrance to imposing the AML duty on lawyers. Also, this paper provides a suggestion for possible solutions.

Findings

The legislative framework in Kenya has outlawed money-laundering, and lawyers can be compelled to disclose confidential information observed in the course of employment if it embodies crime or fraud. Thus, imposing the AML obligation on lawyers is nothing out of the ordinary, rather a mere creation for a formal disclosure mechanism. However, this paper also revealed divergent views that merit reconciliation for the seamless designation of lawyers.

Originality/value

To enhance the legislative framework in Kenya, the paper borrows from the FATF’s Interpretive Note to Recommendation 23 and suggests a practical solution to the apparent conflict between the legal professional privilege and the AML duty.

Details

Journal of Money Laundering Control, vol. 23 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 14 August 2017

Raj Kumar Bhardwaj

The study aims to identify gender differences and similarities in the awareness of legal information resources and problems faced by legal professionals. Further, the study…

Abstract

Purpose

The study aims to identify gender differences and similarities in the awareness of legal information resources and problems faced by legal professionals. Further, the study identifies the differences on the basis of gender, regarding the requirements in developing an online legal information system (OLIS) for the Indian environment.

Design/methodology/approach

The study was carried out in eight law libraries in Delhi using a structured questionnaire. Data were collected through the questionnaire having 27 questions including dichotomous (Yes/No), multiple-choice questions, rating and opinion questions. A need assessment survey was conducted using the structured questionnaire circulated among 750 respondents of eight institutions in Delhi. In total, 397 filled in questionnaires were received back. A total of 246 of the respondents were males and 151 females. The design and development of an OLIS went through five phases, i.e. preliminary preparation, designing and planning phase, development of OLIS covering preparation of software, data structures, metadata, search form, testing and implementation phase and maintenance.

Findings

The study found that 100 per cent of the female respondents were aware of online legal information resources. Maximum 28.4 per cent female respondents rated legal e-resources “very good”, whereas only 19.9 per cent male ranked them “very good”. Female respondents were found less aware about open access resources. In addition, of 246 male respondents, 213 (86.6 per cent) responded “Yes” about awareness of open access resources and 33 (13.4 per cent) marked “No”. In comparison, 116 (76.8 per cent) female respondents revealed they are aware of open access resources; 35 (23.2 per cent) were not aware of open access resources. Fifty-eight (23.6 per cent) male respondents were very dissatisfied, and 60 (24.4 per cent) completely dissatisfied. However, in contrast, 29 (19.2 per cent) female respondents were very dissatisfied and 24 (15.9 per cent) completely dissatisfied in using open access resources.

Research limitations/implications

The study covers only eight institutions in Delhi, India. High courts and law universities in other parts of the country are not covered. In addition, OLIS contains a sample collection.

Practical implications

The study explores the inhibitions faced by female and male legal professionals. A suitable legal information system is developed to match the requirements of female legal professionals, research scholars and faculty members. The study is expected to address problems faced by female legal professionals in accessing the desired judicial and legislative information.

Originality/value

OLIS (www.olisindia.in) has been developed on the basis of a need assessment survey conducted on male and female legal professionals in India. No study has been conducted so far to compare the viewpoints of male and female legal professionals in India for developing an OLIS.

Details

The Bottom Line, vol. 30 no. 2
Type: Research Article
ISSN: 0888-045X

Keywords

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