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Regulating the Delivery of Legal Services - The FATF and Lawyers as Gatekeepers

Regulating the Delivery of Legal Services - The FATF and Lawyers as Gatekeepers (Program)

Jack Sahl, University of Akron School of Law (US) (Moderator); Laurel Terry, Dickinson Law (US); Frederica Wilson, Federation of Law Societies of Canada (Canada); and Ariadna Jaramillo, Jaramillo Mantilla Law Firm (Ecuador)

Regulating the Delivery of Legal Services - The FATF and Lawyers as Gatekeepers

The Financial Action Task Force (FATF) was created in 1989 and currently includes 34 member nations and two regional associations. FATF’s reach is global given the participation by observer organizations and associate members, many of which are similar organizations from particular regions in the world. The FATF sets standards and “promotes effective implementation” of policies to combat money laundering and terrorist financing. Although FATF Recommendations are not legally binding, they have been extremely influential “soft law” since the FATF has the right to exclude members that do not implement its Recommendations. Many of the FATF’s Recommendations apply to “designated non-financial businesses and professions,” which includes lawyers involved in a broad range of activities.

This panel examines the impact of the FATF’s policies on the regulation and delivery of legal services. The panel will cover recent FATF-related developments, including the 2015 landmark decision of Attorney General of Canada v. Federation of Law Societies of Canada (striking down portions of an anti-money laundering law intruding on the attorney-client privilege); the FATF’s ongoing 4th Mutual Evaluation process, which has reviewed legal profession implementation in a number of countries, including the United States, Australia, and elsewhere; and the role of regulatory and representational entities, such as the American Bar Association, in responding to the FATF Recommendations and Mutual Evaluations.

Panelists will include representatives from countries that have or will go through the FATF 4th Mutual Evaluation Procedure, including, potentially, representatives from all continents.

Ariadna M. Jaramillo Mantilla: Ecuador: The journey of lawyers in a country from the FATF black list

“Ecuador:  The journey of lawyers in a country from the FATF black list” is a dissertation that analyzes the ethical responsibilities of Ecuadorian attorneys with their clients and at the same time with FAFT regulations incorporated in Ecuadorian law from 2010-2015. It provides legal and practical approaches to understand the geographical and cultural circumstances that affect the money laundering phenomenon in the northern cities of Ibarra and Quito.This paper confronts the duty of advocacy as a social function to the service of justice and loyalty due to clients including professional secrecy and criminal prosecution for revealing client information during litigation.


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