Working within other UK law firms through Keystone

What follows is guidance on key points to consider when Keystone provides the exception to the rule of a labour only service to law firms.

• AML - the client is the law firm and the service is labour only. There is therefore strictly no need to for us or you to carry out AML checks on the ultimate client. The firm to which you provide your labour will do its own checks. If you have any concerns about the client then you would report them to the MLRO of that instructing firm.
• Conflicts - you personally need to watch out for conflicts, but Keystone has no conflict shadow and Keystone does not act for your ultimate client. You must keep your eyes peeled and if you see Keystone on the other side, you should let your instructing firm know and you may wish to discuss that with our General Counsel. You must not, and there can be no question of it, have any matter-related contact with any Keystone colleague on the other side of a matter where you are instructed through another firm.
• Insurance - your work is of course covered by Keystone's insurance, but it covers liability. With a labour only service, there can be no liability, save for fraud. Fraud risk is not insurable.
• Scope - a labour-only service needs no scope, you could leave it open and simply do as they may ask from time to time. Equally, you can limit the scope to a specific matter, or even agree working hours, much like an employment contract, though you would be a consultant and not an employee for tax purposes.
• IT - as Keystone is providing labour only, Keystone is, by definition, not providing IT or any other tools. The instructing firm should set you up with everything you will need, including a laptop or, if you are to use yours, then a portal into their systems. All data must stay on the systems of the instructing firm. This is vital as the ultimate client will have no engagement with Keystone, so Keystone cannot receive that ultimate client's data.
• Instructions - the instructing firm is at liberty to provide you with instructions or to allow you to take instructions in their name from the ultimate client directly.
• Supervision - the instructing firm carries all the liability and has an obligation to supervise your work. It may choose not to, but that is a matter for that firm. You would report to a partner of the instructing firm who would have the right to edit and overrule your advice. This is important as all liability rests with the instructing firm. It is a matter for them if they wish to undertake work they are not able to check from a technical perspective. Doing so is not unusual.
• Restrictions - the instructing firm may wish to protect its relationship with its ultimate client. You can offer assurances not to contact the client in any way other than as part of our labour only engagement. Where this is not sufficient, you can offer an Undertaking re: Confidentiality and Non-Act or just an Undertaking Not to Act as needed.
• Engagement Letter - a special engagement letter is required, for clarity we refer to this as a Law Firm Support Engagement Letter.
• SRA - if you are to be presented as a member of the instructing firm (and if you are a solicitor), then you need to record this in your MySRA account. At the start of an engagement, you need to create a post of consultant at the client law firm. You should close this post at the end of the engagement, but you may leave it open subject to a suggested maximum of two concurrent non-Keystone consultancies where repeat work is expected in the very near future.