If you are asked to provide identification when instructing a solicitor, it can sometimes feel unnecessary or inconvenient. In reality, Scottish solicitors are legally required to verify who they are acting for and, in many cases, where funds are coming from. These obligations are part of the UK’s Anti-Money Laundering (AML) framework and apply to all Scottish law firms regulated by the Law Society of Scotland

The rules are not about mistrusting clients. They exist to protect clients, law firms and the wider public by preventing the legal profession from being used, even unintentionally, to facilitate money laundering, fraud or terrorist financing.

Why Identity Checks Are a Legal Requirement

Scottish solicitors are subject to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. These regulations require solicitors to conduct customer due diligence before commencing work on certain types of matters.

In practical terms, this means a solicitor must:

• Confirm who their client is.
• Verify that identity using reliable, independent documentation.
• Understand the nature of the legal work being undertaken.
• Carry out ongoing checks if the client circumstances or their instructions change.

This applies most commonly to work involving property transactions, executries and estate planning, company and commercial matters, and situations involving the movement of funds.

What Counts as Acceptable Photo Identification?

To confirm identity, solicitors must see a valid form of photographic ID issued by a trusted authority. In most cases, this will be one of the following:

• A current passport
• A UK photocard driving licence

The document must be up to date and clearly show the client’s full name, photograph, and date of birth. If the document has expired or is damaged, it may not be acceptable for AML purposes.

If a client does not have standard photo ID, alternative arrangements may be possible, but they require additional checks and cannot be assumed. Your solicitor will explain what is acceptable in your specific circumstances.

How Do Solicitors Confirm Your Address?

In addition to photo ID, solicitors must also verify where you live. This is done using a separate document that shows your name and current residential address.

Commonly accepted documents include:

• A recent utility bill (for example, gas, electricity or water)
• A council tax bill
• A bank or building society statement
• A government-issued letter (such as HMRC or DWP correspondence)

These documents usually need to be recent, typically dated within the last three months, although council tax bills for the current year are often acceptable. Mobile phone bills and handwritten documents are generally not suitable.

The address document must match the name shown on your photo ID, or your solicitor may need further clarification.

Do You Need to Attend the Office in Person?

Solicitors prefer that clients attend their office in person to provide identification. However, many firms now use secure electronic verification systems or video calls as part of their AML procedures.

What matters is not how the ID is checked, but that the solicitor can demonstrate the check was reliable, appropriate and proportionate to the level of risk involved. In some situations, particularly where there are higher risk factors, a face-to-face meeting may still be required.

How Long Does Identification Remain Valid?

The AML regulations do not set a fixed expiry date for identity checks. Instead, solicitors must keep client information under review and update it as necessary.

In practice, this means ID may need to be refreshed if:

• There is a long gap between instructions.
• Your personal details change.
• The documents on file pass their expiry date (e.g. passports).
• The nature of the work changes.
• There is any reason to doubt the information previously provided.

Solicitors are also required to retain AML records for at least five years after a matter ends, after which personal data must usually be deleted unless there is a lawful reason to keep it.

Why This Protects You as a Client

While AML checks can feel administrative, they play an important role in protecting clients. They help ensure that transactions are legitimate, reduce the risk of fraud, and demonstrate that solicitors are acting responsibly and in compliance with professional standards.

By conducting these checks properly, solicitors also reduce the risk of delays later in a transaction, particularly in property or estate matters, where financial institutions may conduct their own checks.

Working with Paris Steele

At Paris Steele, AML checks are handled sensitively, efficiently and in line with regulatory requirements. Clients are guided through what is required and why, to keep matters moving while ensuring full compliance with the law.

If you are unsure what documentation you need to provide, or if your circumstances are slightly unusual, the team will be happy to explain the options and help you get everything in place as smoothly as possible. Just get in touch with us to start things off.