SFO landing: Law Society issues Practice Note on SFO guidance
The Law Society has issued a Practice Note on the implications of Serious Fraud Office (SF0) guidance in s.2 Criminal Justice Act 1987 (CJA 1987) interviews.
The Practice Note is a timely reminder for the directors’ and officers’ (D&O) insurers of interviewees on the significant effect the SFO guidance has on solicitor conduct and the potential implications on defence costs payable under the relevant policy.
It brings into focus the fact that, in SFO investigations, it is likely that a solicitor will provide undertakings in order to represent their client in a s.2 interview. In those circumstances, the undertakings create a requirement that the same solicitor does not act for any individual or legal person who is a suspect (and this may in practice cause difficulties in acting for multiple witnesses to the investigation).