Chapter 4: Legal professionals in practice

Chapter 4: Legal professionals in practice 

a) Client care procedures

First thing to do on any legal profession – is a client care letter

A client care letter refers to the matter on which you are instructed to act and set out the basic aims and the agreed target timescale. 

In letter you must inform client about who will be undertaking work. The letter provides fee estimate for work. 

In Nepal

• Client care procedure includes 

  • Having good communication

    Building trust with client

• Lawyers need to have skills like;

  • Listening

    Body language

   

b) Money laundering procedure

Explain how money laundering is dealt with in a jurisdiction you are familiar with, as if to a foreign colleague. 

• Money laundering is the process of concealing the origin of money obtained illegally by passing it through complex sequence of banking transfers a commercial transaction. 
• It is the process by which the illicit source of assets obtained or generated by criminal activity.
• It has become threat to national economy.
• 3 distinct states:

1. Placement – movement of cash from its source 
2. Layering – making it more difficult to detect
3. Integration – into the economy through banking system 

 Nepalese law

• Had addressed from early period by criminalizing it.

• Laws is prevention of Corruption Act 2050, Foreign Exchange Act 1962, Income Tax 2002, Money Laundering Protection Act 2008

  Money Laundering Protection Act 2008:

  • Covers both money laundering and terrorist financing
  • Main aim is to prevent laundering of criminally earned asset
  • Section 11 establishment of the Department to prevent asset laundering.
  • Chapter 6 establishes investigation and inquiry
  • Section 13 complaint (anyone in any form)
  • Section 22 filing of case 
  • Section 23 no statute of limitation
  • Section 24 government as plaintiff
  • Section 26 not to violate confidentiality
  • Chapter 7 punishment 
  • Section 45 reward to informer of 10%
  • Money laundering prevention regulation 2009 
  • Adjudication of the case in Special Court
  • NRB issues directives.

c) Client Correspondence 

Consciousness can be a feature of legal correspondence in English. It is partly achieved by using words or phrases to refer to segments of earlier text or assuming the reader can recover the meaning from the proceeding text. 

One can achieve consciousness by;

• Using words or phrases to refer to segments of text
• Not complete a phrase
• Omitting the words (ellipsis) 

d) Explanations and clarification 

When you list the different stages of a procedure, your listener’s comprehension of the information that you are presenting will be better if you are presenting will be better if you use phrases to structure and signpost. 

E.g. First…….then….next…..after that…….finally……..

• Approximately and comparing (different from, similar to)

• Rephrasing and clarifying 

      E.g. so, if