Lawyers are not expected to determine every financial crime issue without assistance.
If, at any stage of a matter, a lawyer identifies information that is unusual, inconsistent, unclear or gives rise to concern, they should seek guidance promptly rather than continue on the basis of assumption.
Escalation may be appropriate even where the lawyer has not formed a suspicion. The purpose of escalation is to ensure that concerns can be discussed, additional enquiries considered and appropriate guidance obtained before risk crystallises.
Many concerns raised with the MLRO are resolved through discussion and further enquiry and do not result in a formal report.
Lawyers should therefore adopt a cautious approach and seek guidance whenever uncertain.