Gatekeepers, enablers or technicians? The contested role of lawyers as facilitators of kleptocracy and grand corruption

This policy report presents the findings of interdisciplinary academic research that explores the contested role of lawyers in relation to kleptocracy, state capture and grand corruption. Focusing on the role of solicitors in England and Wales, the research analyses the different narratives used to criticise and defend lawyers and law firms who act for the beneficiaries of kleptocratic wealth.

Conducted under the Governance & Integrity Anti-Corruption Evidence (GI ACE) programme, the project situates this lively debate about the role of lawyers as “professional enablers” on a sound evidential basis. The research involved a review of recent academic scholarship on transnational kleptocracy and legal ethics, semi-structured interviews with 28 experts (mainly lawyers), an analysis of 1,596 public comments posted in response to ten relevant media articles, and a review of the professional codes of conduct of 20 UK law firms.

While the full academic paper will be published in due course, this report highlights the key research findings and draws out relevant insights for policymakers, regulators and the legal profession. It explores how the services of UK lawyers can be used to facilitate and legitimise the global flow of corrupt capital, exposes the regulatory gaps in the UK’s defences against this dirty money, and unpacks the most common arguments and counter-arguments in debates about whether lawyers should take on work which is “lawful but awful”.

Particular attention is given to the perspectives of lawyers themselves, to understand how they position and perceive their own role in relation to kleptocracy, state capture and grand corruption. This not only reveals the ethical faultlines that divide opinion, but also points to powerful drivers of decision-making by law firms that help explain the shifting “ethics” of the legal profession in relation to clients with kleptocratic wealth.

This report was prepared by Spotlight on Corruption based on academic research by Dr Tena Prelec, Professor Robert Barrington, Georgia Garrod and Pepe Tonin as part of the GI ACE programme.