Anti-Money Laundering, Ethics and Professional Judgment: a teaching Exercise Nigel Duncan

• Anti-Money Laundering, Ethics and Professional Judgment: A Teaching Exercise

• Nigel Duncan
• City Law School, London
• Clark Cunningham
• Georgia State University College of Law, Atlanta

Money-Laundering learning resources prepared by:

• Clark D Cunningham, W Lee Burge Professor of Law and Ethics, Georgia State University, Atlanta
• Nigel Duncan, Professor of Legal Education, City University, London
• Emma Oettinger, Anti-Money-Laundering Policy Officer, Law Society of England & Wales
• Produced with the assistance of Freshfields Bruckhaus Deringer
• Available for free download on www.teachinglegalethics.org

The Videos

• Roles:
• Nigel Grayson, Solicitor, partner in a small firm in Durham, played by Nigel Duncan
• Emma Patrick, Estate Agent in Durham, played by Emma Oettinger
• When: Friday, July 13 at 2.30 pm
• Where : Solicitor’s office in Durham, England
• Part 1 (2:41 minutes)
• Part 2 (3:50 minutes)
• Part 3 (5:14 minutes)

Part 1 (2:41 minutes)

• http://www.teachinglegalethics.org/aml-ethics

Part 2 (3:50 minutes)

• http://www.teachinglegalethics.org/aml-ethics

Working in groups

• How might you use these materials for working with your students and with what particular objectives?

A learning activity to address:

• The substantive law
• The adjectival law
• The role of the professional lawyer
• Client care and client autonomy
• Professional privilege
• Conflicting professional duties
• The nature of morality
• Understanding oneself

The example of Anti-Money Laundering

• Proceeds of Crime Act 2002.
• Entering into a money laundering arrangement - s.328
• Acquiring criminal property - s. 329
• Failing to make a required disclosure - s.330
• Tipping off – s. 333A (defence s. 333D (2))
• R v Griffiths [2006] EWCA Crim 2155;
• Estate agent – ss. 328 and 329 – 3 yrs (reduced to 27 m)
• Solicitor – s. 330 – 15 months (reduced to 6m)

Four Component Model of Morality (Rest, 1983)

• Reasons (or predictors)

• Moral Blindness

• Faulty Reasoning

• Lack of Motivation

• Ineffectiveness
• (Character or Competence)

• Professional Misconduct

Four Component Model of Morality (Rest, 1983)

• Moral sensitivity

• Moral judgment

• Moral motivation

• Moral implementation

• Effective Professional Conduct

• Capacity to interpret ambiguous clues in real-life settings

• Moral capacity (predictors)

• Operational definition

• Capacity to analyse moral issues and provide justifications for decisions

• Capacity to internalise and give priority to professional values

• Capacity for empathic interaction and problem solving

References

• Cunningham, C, & Alexander, C, ‘Developing Professional Judgment’, in Robertson et al (eds) The Ethics Project in Legal Education, (2010, London: Routledge)
• Duncan, N, ‘Addressing Emotions in Preparing Ethical Lawyers’ in Maharg & Maughan (eds), Teaching and Reaching the Whole Student – the Impact of Emotions on Learning (and Teaching) the Law. (2011, Dartmouth: Ashgate).
• Hartwell, S, 1994. ‘Promoting moral development through experiential teaching’. 1 Clinical Law Review 505-540.
• Kohlberg, L, Essays on Moral Development Vol. 1: The Philosophy of Moral Development. (1981 San Francisco: Harper and Row).
• Rest, J, ‘Background: Theory and Research’, in Rest and Narvaez (eds), Moral Development in the Professions: Psychology and Applied Ethics, (1994, Hillsdale: Ehrlbaum)
• Sullivan, W, et al, Educating Lawyers: Preparation for the Profession of Law, Carnegie Foundation for the Advancement of Teaching, (2007, San Francisco: Jossey-Bass)
• Contact: n.j.duncan@city.ac.uk