Governance Policy
Lawful Purpose Confirmation
A condition of every engagement. Every matter we accept must rest on a lawful basis and a lawful purpose, confirmed in writing by the instructing party.
1. Purpose and Scope
1.1 This policy sets out the firm’s approach to lawful purpose. It governs the basis on which any matter is scoped, accepted, and carried out.
1.2 The policy applies to every prospective and existing client, every engagement, and every output produced by the firm, regardless of size, sector, or jurisdiction.
1.3 This policy is read alongside the firm’s Engagement Terms, Acceptable Use Policy, and Standards & Governance. In the event of inconsistency, the firm’s written engagement letter prevails.
2. Definitions
2.1 Lawful basis means a legal, regulatory, contractual, or recognised investigative basis under the law of each relevant jurisdiction sufficient to support the proposed scope of work and the intended use of any output.
2.2 Permissible purpose means a defined, lawful end to which the engagement and any output will be applied, recognisable under the applicable framework, and consistent with the firm’s Acceptable Use Policy.
2.3 Attestation means a written representation by the instructing party, signed by an authorised signatory, identifying the lawful basis, the permissible purpose, and the intended use of output.
2.4 Instructing party means the legal person on whose written authority the firm is engaged.
3. Conditions Precedent
3.1 Attestation is a condition precedent to scoping, formal engagement, and execution. No scope is finalised, no engagement letter issued, and no work conducted in the absence of a completed written confirmation.
3.2 The written confirmation must set out, at minimum:
- the lawful basis relied upon, by reference to the relevant jurisdiction or jurisdictions;
- the permissible purpose for which the engagement is sought;
- the intended use of any output, including any onward recipients;
- the identity of the instructing party and the authorised signatory; and
- any related parties, prior advisers, or known sensitivities material to conflict screening.
3.3 Where the lawful basis or purpose changes during the engagement, a fresh written confirmation is required before continuing. A verbal variation has no effect.
4. Prohibited Purposes
4.1 We will not accept any matter, in whole or in part, where the purpose is, or would in effect be, any of the following:
- surveillance, harassment, stalking, intimidation, or coercion of an individual;
- action against a journalist, whistleblower, lawyer, or human-rights defender in the lawful exercise of their function;
- discrimination on the basis of any protected characteristic;
- unauthorised access to systems, accounts, communications, or data;
- circumvention of sanctions, export-control, or counter-terrorism finance regimes;
- evasion of lawful regulatory, judicial, or governmental process;
- facilitation of fraud, money laundering, bribery, or corruption;
- commercial use of personal data outside the lawful basis identified at attestation;
- onward sale, redistribution, or republication of output to third parties without written consent; or
- any purpose contrary to the firm’s Acceptable Use Policy or to applicable law.
4.2 The list at clause 4.1 is non-exhaustive. The firm reserves absolute discretion to determine that a stated purpose is impermissible without statement of reasons.
5. Client Representations and Warranties
5.1 By submitting an attestation, the instructing party represents and warrants that:
- the lawful basis and permissible purpose stated are accurate, current, and complete;
- the signatory is duly authorised to bind the instructing party;
- all information provided for conflict, identification, and scoping purposes is true and not misleading;
- output will be used only for the stated permissible purpose, and not disclosed to any third party except as expressly permitted in writing;
- the instructing party will notify the firm without delay of any change in the matter, parties, intended use, or the lawful basis relied upon; and
- the instructing party will comply with the firm’s Acceptable Use Policy and with applicable law in all use of output.
5.2 The representations at clause 5.1 are continuing and are deemed repeated at each material stage of the engagement.
6. Record-Keeping and Audit
6.1 Each attestation is recorded on the matter file and retained under the firm’s records-management policy.
6.2 The firm maintains provenance and audit logs sufficient to evidence (i) the lawful basis and permissible purpose at acceptance; (ii) the scope agreed; (iii) any variation; and (iv) the form and date of delivery of output.
6.3 Records are made available to the instructing party on reasonable request, and to regulatory or judicial authorities where the firm is lawfully required to produce them. Disclosure to other third parties is reserved.
7. Consequences of Breach
7.1 Where an attestation is found to be inaccurate, incomplete, or superseded, or where output is used outside the stated permissible purpose, the firm may, at its discretion and without liability:
- suspend or terminate the engagement on notice;
- revoke any reliance representation attaching to output already delivered;
- withhold or withdraw further deliverables;
- require return or destruction of output in the instructing party’s possession;
- refer the matter to relevant regulatory, professional, or law-enforcement authorities; and
- recover costs and losses arising from the breach.
7.2 The remedies at clause 7.1 are cumulative and without prejudice to any other right or remedy available to the firm at law.
7.3 Decline or termination on the grounds set out in this policy or in clause 8 of the Engagement Terms does not give rise to a duty of care, an advisory relationship, or any obligation to state reasons.
8. Reference Framework
Read alongside:
- Engagement Terms — the operational framework, including clause 7 (Permissible Purpose) and clause 8 (Conditions Under Which Engagements Are Declined).
- Acceptable Use Policy — the use restrictions applying to all output.
- Standards & Governance — the firm’s professional and ethical framework.
Initiate
Attestation is captured at confidential intake. No advice, retainer, or duty arises from preliminary contact.
