Since 2010, it has been statutory for the Council of the Danish Bar and Law Society to supervise that all lawyers in Denmark adhere to the rules of the legal profession. Until 2019, the lawyers were randomly selected to ordinary supervision of the Council. These ordinary supervision activities have recently been converted into risk-based supervision activities.
The aim of the risk-based supervision is to focus supervision on those lawyers who are most likely to violate the rules. However, all lawyers continue to be subject to supervision and will, as a minimum, be selected for a visit by the supervisory team every tenth year.
This risk-based approach entails that the supervisory team will more frequently visit those lawyers who are at the highest risk of violating the rules. The risk will be assessed on the basis of a risk classification.
This risk classification is a tool, and it does not determine whether or not a lawyer has violated or will violate the rules in the future. It only describes some of the facts and circumstances which characterise the lawyer in question, and which theoretically/statistically contribute to a higher risk of finding something conflicting during a visit by the supervisory team.
Supervision focused on money laundering
From 2020 onwards, the Council has adopted specific supervision activities focused on money laundering.
Law firms with cases subject to the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism will be subject to these specific supervision activities.
Supervision focused on money laundering is conducted at the same time as ordinary supervision activities, but with a specific focus on adherence to the rules on money laundering.
At the beginning, supervision focused on money laundering will be conducted at the major law firms as they handle a higher number of cases subject to the rules on money laundering and more international and complex cases.