According to a Legal Ombudsman report issued this week, 7,500 complaints were made during 2011-2012 about solicitors. Residential conveyancing, the area of law where most consumers find the need to engage solicitors, accounted for over 17% of these complaints.
Mark Hobbs, the Managing Partner of Howells Solicitors, has reviewed the report and is of the opinion that the level of complaints could reduce if clients ask the right questions at the beginning of the transaction and make sure the conveyancer is qualified and has the resources for their specific requirements.
Mr Hobbs noted that the report specifies in some detail that the complaints seem to revolve around, but are not necessarily limited to the following issues:
• Inaccurate information about the cost of the service
• Misunderstandings about the extent of the work to be carried out
• Lack of clarity about who will be undertaking the work
• Poor communication
• Unexplained and unacceptable delays
Eight individual cases were detailed in the Legal Ombudsman’s report. Solicitors were not to blame in two of the cases but in the remaining six, the Legal Ombudsman found that the level of service fell short of that which would reasonably be expected.
According to Mr Hobbs, there are a number of key issues for consumers to consider when choosing a firm.
1. Recommendations of firms previously used by friends and family are worth considering, also speak to your estate agent.
2. Choose a local firm. There are online and telephone-based conveyancing services available but the level of customer service isn’t necessarily the same as a local firm where you have the opportunity to meet the individuals working on your behalf. A local firm also provides you with the opportunity to call in to discuss specific issues or any problems should they arise.
3. The Law Society has recently set a conveyancing benchmark known as the Conveyancing Quality Scheme (CQS). Consumers using a CQS accredited firm will be assured of receiving a high-quality standard of service.
4. Use a firm offering a ‘no completion, no fee’ service but be mindful that ‘No completion, no fee’ relates to the work carried out by the solicitor and not to any expenses incurred on the client’s behalf such as searches. Read the firms Terms and Conditions of Business.
5. Ask for a written quote. Are there additional fees for legal work attached to paying off or drawing down a mortgage? Exercise caution if a firm is offering a very low headline fee, there might well be unexpected add-ons that will significantly increase the costs.
6. Ask the conveyancer about any specific queries you might have. One of the case studies detailed in the Legal Ombudsman’s report involved the purchasing of a property adjacent to a large open space. This space was subsequently developed and the client complained stating that he should have been made aware of the proposed development as part of the conveyancing process. Most searches will only relate to the actual property that is the subject of the search and not include adjoining areas. The client should ask the conveyancer about these specific queries in advance and they will then be able to help although this may incur an additional charge.
7. Who’s going to be carrying out the work on your behalf? Ask if the person is a qualified solicitor, licensed conveyancer or legal executive? What plans/resources are in place if that person is absent at a critical stage of the process?
8. Don’t just get one quote. Contact at least two firms so you can compare costs and levels of service.
Mr Hobbs view is that if consumers were to consider these comments and advice when choosing a solicitor to buy or sell their home there would probably be a reduction in the overall number of complaints to the Legal Ombudsman, a decrease in the percentage attributed to residential conveyancing and most importantly an increase in the number of satisfied clients whose transactions have proceeded swiftly, successfully and in the most cost-effective manner.
