WHAT IF I REALLY HAVE DONE SOMETHING WRONG?
Obviously, we know that a number of people who consult us will feel that they have been guilty of inappropriate behaviour and may feel that they have stepped to the wrong side of the line. Irrespective of this, they may not be in danger of a criminal conviction.
Of course, the basis of any conviction has to be that the prosecuting authority has produced sufficient evidence to prove that someone has, beyond all reasonable doubt, committed the offence of which they are accused.
As business defence lawyers we take a forensic approach to our work. Our starting point is always attempting to establish how the prosecuting body claims it can prove the various elements of each given offence. Too frequently, we come across prosecuting bodies who simply jump to conclusions and ask the court or the tribunal to accept their word on matters for which they have no supporting evidence. As Defence lawyers it is our job to make sure that these sorts of flimsy and speculative prosecutions fail at the earliest opportunity.
Nevertheless, where it is apparent that clients face insurmountable difficulties, we are happy to attempt to reach accommodations or compromises with the prosecutor or real bodies concerned. It is often possible to resolve matters to the satisfaction of our clients by entering into discussions and negotiations with a view to avoiding court proceedings, making appropriate restitutions or implementing changes to business practices.
In the event of a client being found guilty, our job is still not at an end. Nowadays, many of the prosecuting authorities have the opportunity to seek to confiscate clients assets. We are still able to help in many ways.
By seeking to establish the bona fides of given reserves of cash, the provenance of goods and possessions and the derivation of particular investments or trusts, we can ensure that courts can be satisfied that as many of our clients= assets as possible are not available for confiscation. |