chronicle february 2011
DESCRIPTION
Do consumers want to place legal services in their trolleyTRANSCRIPT
£2.50Edition 63February 2011
www.clc-uk.org
Sarah Beeny’s 2011 Predictions
property
t
ProbateSusan Weedon discusses mirror & mutual Wills
The Social Network
: Case Study
John Jones on Declarations of Trust
Super MarketDo consumers want to place legal services in their trolley?
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Welcome
Happy New Year and welcome to the first edition of Chronicle for 2011. There is no doubt that this year will bring some interesting times for the legal sector, not least with the anticipated introduction of alternative business structures (ABS) from October. With this in mind, Jon Robins speaks to David Edmunds (Chairman, Legal Services Board) about the potential impact ABS could have and analyses how both the consumer and lawyer are likely to be affected.
Ensuring we can all be up to date on the best way to market to our customers, Sally Holdway provides a master class in social media and on page 14 Matthew Noble discusses the importance of continued professional development - both for students and their trainers.
Also in this edition, I am pleased to introduce writer Susan Weedon, who offers guidance to probate practitioners drafting mutual Wills. And in our regular Case Study column, John Jones explains why licensed conveyancers must urge their clients to form Declarations of Trust. Finally, TV property expert Sarah Beeny predicts what she believes is in store for the property market in 2011.
Chronicle continues to grow as a title and I welcome feedback from readers. If there is a topic you would like to see featured in a future edition, or would like to contribute a case study for publication, please do not hesitate to get in touch at [email protected]
Sam MogganEditor
In this issue
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Super Market? ‘Research clearly shows that clients still want to see their lawyer face to face,’ says Jon Robins, as he discusses consumer appetite for alternative business structures Sarah Beeny The TV Property expert shares with Chronicle her predictions for the property sector in 2011 ChatterThe latest news from the CLC The Social Network Sally Holdway explains how legal service providers can benefit from social media Close Protection Dan Godsall on how conveyancers can help protect consumer interest
Fileshare The latest news for CLC students Review: Case StudyJ ohn Jones highlights the importance of forming Declarations of Trust Review: Probate Susan Weedon discusses why it is vital to distinguish between mirror and mutual wills
Spotlight Darren Becks tells Chronicle why he became a licensed conveyancer
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Super Market?
‘If you always focus on what the consumer needs then consumer demands comes through, to use a controversial metaphor, as either value baked beans or premium baked beans.’ It was a view expressed by David Edmonds, chairman of the Legal Services Board, last year. As if to reinforce his point, he had six artfully stacked cans of different brands of beans on his desk when I met with him in a playful reference to ‘Tesco Law’, the shorthand for the ongoing liberalisation of the legal profession under the Legal Services Act 2007 (LSA).
The most revolutionary aspect of the LSA comes into force on 6 October this year with the introduction of alternative business structures (ABS). ABS will allow legal practices to be majority-owned by external investors as well as Tesco et al and, as a result, the powers for competition will be unleashed on the relatively-speaking cosseted world of legal services. It was Bridget Prentice, as the former New Labour minister, who observed that she didn’t see why consumers should not be able to access legal services ‘as easily as they can buy a
tin of beans’. It didn’t go down too well with the legal profession. Lawyers of all types were, and continue to be, upset at the suggestion behind ‘Tesco law’ of “pile ‘em high, sell ‘em cheap” legal factories staffed by paralegals churning out dumbed-down legal advice.
The law wasn’t about ‘selling baked beans’, Edmonds assured me. ‘But in a baked bean market, as I have demonstrated for myself in recent weeks, there’s a heck of a lot of different types of beans,’ said the former Oftel director-general (motioning towards the cans). ‘I want to see a variety of provision in legal services.’ When asked what were his ambitions for the LSA, Edmonds replied that his hope was for the ‘evolution of new kinds of legal service’ to improve the lot of the client.
And what do clients want from their lawyers whether they are generalist practitioners on the high street or specialist licensed conveyancers? For example, do they really want to buy legal services from a supermarket chain? What do they regard as important - quality of service, speed, convenience or the reassurance of dealing with a well known brand? To find out more was the idea behind the Shopping Around research undertaken by the legal research company Jures last year. Over 2,000 people were asked if they could purchase legal advice from a number of leading brands (Tesco, Marks & Spencer, Barclays Bank, Virgin etc) which, if any, would they opt for. Whilst the most popular of the big name brands was that perennial high street favourite M&S (14%), more than half weren’t even tempted by the big names (54%). Revealingly, only one in 20 consumers was willing to associate Tesco with legal services despite the fact that the retailer has lent its name (albeit unwillingly) to the liberalising package of reforms under the Legal Services Act 2007.
Article by Jon Robins
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As the revolutionary aspects of the Legal Services Act 2007 draw closer, Jon Robins analyses whether consumers are really ready to purchase legal services from high street retailers
“Research shows clearly that clients still
want to see their lawyer face to face”
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‘because it is seen to be presumably good quality and value for money which is, of course, the magic combination here,’ notes Prof Moorhead.In our YouGov poll when people were asked which factors were likely to influence their decision to get legal services, ‘reassurance of a well known brand’ (26%) came some way behind ‘quality of service’ (60%); ‘fixed prices’ (35%); ‘ease of location’ (32%); and ‘speed of service’ (27%). Prof Moorhead reflects on the high scoring of ‘quality of service’. ‘Fair enough, but what does that mean?’ he questions. ‘Most consumers have absolutely no idea of how to measure “quality of service”. In some ways, the finding might reinforce the importance of the “reassurance of well-known brand”. It might well be that they use the brand as a proxy for quality.’A 2006 Which? poll suggested consumers were overwhelmingly drawn to the big names on the high street for legal services. The consumer
group found that three-quarters (75%) of those surveyed thought it was a good idea to access legal services through supermarkets or high street banks. Our findings suggest that, whilst they might be supportive of brands as a concept, they are less persuaded by individual high street names.20
The art of being visible
We then asked our lawyers about their plans to achieve brand visibility in a newly-liberalised and increasingly crowded marketplace. Against the high
visibility of existing brands and their enormous marketing clout, client recognition of law firms is minimal. A study this year found that more than six out of 10 consumers couldn’t name a single law firm despite the fact that almost eight out of ten (78%) had used a solicitor before.21
Law firms have been busy harnessing their collective marketing might through various networks such as Injury Lawyers 4U, Quality Solicitors and Loyalty Law. In reality, there have been few legal brands that have impinged on the public consciousness with the possible exception of Claims Direct. The latter became a household name at the beginning of the last decade on the back of saturation daytime television campaigns as well as sending out armies of reps with clipboards to shopping centres. At its peak the old Claims Direct represented a litigation tidal wave signing up 5,000 new clients a month. Russell Jones & Walker bought the Claims Direct name as well
18-19 YouGov survey20 Which? telephone omnibus of 1,006 adults in November 2006.21 Law Society Gazette, November 4 2009
as its contact centre technology. New Claims Direct was relaunched in 2007 with a £5m annual advertising campaign.RJW chief exec Neil Kinsella is sceptical about the advent of solicitor networks. ‘If solicitors are banding together to take over a market that they have already effectively got, all they’re effectively doing is scrabbling for market share and then paying somebody in the middle to do the marketing,’ he says. 4
Qua
lity
of s
ervi
ce
Fixe
d pr
ices
Con
veni
ence
(eas
e of
loca
tion)
Spe
ed o
f ser
vice
Rea
ssur
ance
of a
wel
l-kno
wn
bran
d
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apes
t pric
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Oth
er
Don
't kn
ow
60%
35%32%
27%26% 25%
4%12%
Which, if any, of the following factors would be likely to influence your decision when purchasing legal
services? 18
If you could purchase legal advice from the following brands, which one of the following would be the most appealing?19
5% 2%14%
11%
6%7%35%
20%
Tesco AsdaMarks & Spencer Barclays BankHalifax VirginNone of the above Don't know
If you could purchase legal advice from the following brands, which one of the following would be the most appealing?5 6
‘because it is seen to be presumably good quality and value for money which is, of course, the magic combination here,’ notes Prof Moorhead.In our YouGov poll when people were asked which factors were likely to influence their decision to get legal services, ‘reassurance of a well known brand’ (26%) came some way behind ‘quality of service’ (60%); ‘fixed prices’ (35%); ‘ease of location’ (32%); and ‘speed of service’ (27%). Prof Moorhead reflects on the high scoring of ‘quality of service’. ‘Fair enough, but what does that mean?’ he questions. ‘Most consumers have absolutely no idea of how to measure “quality of service”. In some ways, the finding might reinforce the importance of the “reassurance of well-known brand”. It might well be that they use the brand as a proxy for quality.’A 2006 Which? poll suggested consumers were overwhelmingly drawn to the big names on the high street for legal services. The consumer
group found that three-quarters (75%) of those surveyed thought it was a good idea to access legal services through supermarkets or high street banks. Our findings suggest that, whilst they might be supportive of brands as a concept, they are less persuaded by individual high street names.20
The art of being visible
We then asked our lawyers about their plans to achieve brand visibility in a newly-liberalised and increasingly crowded marketplace. Against the high
visibility of existing brands and their enormous marketing clout, client recognition of law firms is minimal. A study this year found that more than six out of 10 consumers couldn’t name a single law firm despite the fact that almost eight out of ten (78%) had used a solicitor before.21
Law firms have been busy harnessing their collective marketing might through various networks such as Injury Lawyers 4U, Quality Solicitors and Loyalty Law. In reality, there have been few legal brands that have impinged on the public consciousness with the possible exception of Claims Direct. The latter became a household name at the beginning of the last decade on the back of saturation daytime television campaigns as well as sending out armies of reps with clipboards to shopping centres. At its peak the old Claims Direct represented a litigation tidal wave signing up 5,000 new clients a month. Russell Jones & Walker bought the Claims Direct name as well
18-19 YouGov survey20 Which? telephone omnibus of 1,006 adults in November 2006.21 Law Society Gazette, November 4 2009
as its contact centre technology. New Claims Direct was relaunched in 2007 with a £5m annual advertising campaign.RJW chief exec Neil Kinsella is sceptical about the advent of solicitor networks. ‘If solicitors are banding together to take over a market that they have already effectively got, all they’re effectively doing is scrabbling for market share and then paying somebody in the middle to do the marketing,’ he says. 4
Qua
lity
of s
ervi
ce
Fixe
d pr
ices
Conv
enie
nce(
ease
of
loca
tion)
Spee
d of
ser
vice
Reas
sura
nce
of a
well-
know
n br
and
Chea
pest
pric
e
Oth
er
Don'
t kno
w
60%
35%32%
27%26% 25%
4%12%
Which, if any, of the following factors would be likely to influence your decision when purchasing legal
services? 18
If you could purchase legal advice from the following brands, which one of the following would be the most appealing?19
5% 2%14%
11%
6%7%35%
20%
Tesco AsdaMarks & Spencer Barclays BankHalifax VirginNone of the above Don't know
Which, if any, of the following factors would be likely to influence
your decision when purchasing legal services?
‘Quality’ and ‘price certainty’ were far more important to our respondents when selecting a lawyer than the ‘reassurance’ of a household name. The survey asked which factors were likely to influence their decision to choose a lawyer and they responded thus: quality of service (60%); fixed prices (35%); convenience (32%); speed of service (27%); reassurance of a well-known brand (26%); and cheapest price (25%). Clearly identifying what motivates consumers is a complex process. ‘What does quality of advice mean?’ queried Professor Richard Moorhead, deputy head of Cardiff Law School, in response to the Jures findings. ‘Most consumers have absolutely no idea of how to measure quality of service. It might be that they use the brand as a proxy for quality.’
Legal practices have been pooling resources and harnessing their collective marketing muscle since the Access to Justice Act 1999 opened up the personal injury sector. That legislation created a new regime for conditional fees which effectively allowed non-lawyer claims companies - most notably Claims Direct and TAG (The Accident Group) - to enter the accident market. They grabbed a huge market share in a relatively short period of time on the back of a marketing campaign that included saturation daytime television advertising and armies of reps with clipboards deployed in shopping centres. In 2002 TAG claimed to have conquered 25% of the market in two years. Personal injury lawyers joined forces to fight off the new competition through networks such as, for example, the Law Society-endorsed Accident Line and Injury Lawyers 4U. A new wave of lawyer networks, such as QualitySolicitors and Loyalty Law, have established over the last year to fend off new entrants as a result of the LSA. However there has yet to be a successful legal brand recognised by the man or woman on the street (with the possible exception of Claims Direct).
Stephen Ambler is director of the volume conveyancer Conveyancing Direct. Is ‘Tesco law’ a threat to his business? ‘No. We have a much greater penetration in the marketplace through advertising and awareness,’ he replies. But Ambler adds that the profession is right ‘as a unified body’ to be to be ‘aware that there will be a much more open marketplace’ as a result of the LSA. ‘If you look at our sector, it is one of the UK’s largest cottage industries with hundreds and hundreds of small entities up and down the country. If we have larger, new
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Holt reckons that the biggest impact of the LSA will be the entry of brands into the legal market including everyone from ‘Tesco to Virgin and, as we have already seen, Co-op, AA & SAGA’. ‘These brands will remove the need for people to use “find a lawyer” type services. They won’t need the Yellow Pages anymore to find a law firm,’ he says; adding that is why there aren’t any ‘“find-an-optician.com” type services [and] why people don’t really look for their bank in the Yellow Pages”.
‘The legal market is highly fragmented with too much choice and it is too difficult to differentiate between that choice,’ Holt says. That creates an environment in which there are ‘the paradigm conditions’ for brand success. ‘We took a decision to ensure that alongside Tesco, Virgin and Co-op, QualitySolicitors was one of those brands. In fact, our aim is for it to be the legal brand,’ he says.
Nick Jervis argues that firms can’t rely on their own marketing budget which he says ‘aren’t enough for them to gain enough coverage to generate the claims that they need’. He argues that lawyer-led consortia are also problematic because their energy tends to dissipate over time as ‘they all have their own businesses and caseloads to run’.
Why is it QualitySolicitors, not QualityLawyers? Holt is quick to say that LSA provides ‘the same threat for anyone providing legal services be they licensed conveyancers or solicitors’. ‘I don’t think there is much to choose in perception sense between ‘lawyers’ and ‘solicitors’ in the public’s eye,’ he says; adding that the reason for choosing solicitors was that the model operates via solicitors’ practices. ‘I stand by the decision to include the word “solicitor”,’ he continues. ‘Overcoming the negative perceptions around the solicitor/lawyer stereotype is the task of our marketing and our actions.’
“Only one in 20 consumers was willing to associate Tesco with
legal services”
The Jures research shows clearly that clients still want to see their lawyer face to face and even on straightforward legal matters (such as a house move or a will) almost three-quarters of consumers (74%) want to see their lawyers in person. It also indicated that more than four out of 10 consumers would ask a friend or family member for a recommendation (44%) and just over one in five still had ‘a family solicitor’ (21%).
Helen Beal is a partner at the Shropshire licensed conveyancers Donn & Co. She is ‘very much against’ the collective marketing networks. ‘We don’t like anything that costs clients more money,’ she says. Beal views the “pile ‘em and sell ‘em cheap” model of legal factories driven by paralegals as ‘a very dangerous thing’. ‘We all spent a lot of time revising and getting through our exams and building up our practices. As a sector, we’ve had enough trouble with large firms that do bulk conveyancing, whether they are solicitors or licensed conveyancers… . We are a local firm that does local business. People like customer service and you do not get that with global big branded firms.’
Jon Robins is a freelance journalist and author of Shopping Around: What consumers want from the new legal services market (www.jures.co.uk)
“Legal practices have been pooling resources
and harnessing their collective marketing
muscle”
entrants and they rationalise the service and its delivery the consumer will benefit but many small fragmented parts of the profession will be disadvantaged.’
So what do these new breed of law firm networks bring to the market? Loyalty Law is a new scheme designed ‘to combat the threats that High Street solicitors are facing’ with 64 law firm members. Nick Jervis, Loyalty Law’s director, explains that they are trying ‘to build a nationally recognised legal brand’. Over the years the public’s loyalty to law firms has diminished and the idea of the ‘family solicitor’ is over, argues Jervis. He draws parallels with the decline of local greengrocers and butchers ‘as the supermarkets have taken over’. ‘What has been interesting is that over time, the consumer has chosen to return to search out high quality local services,’ he says. ‘Farm shops and home delivery of organic vegetables have shown that with some clever marketing and a targeted local approach the consumer has gladly returned to smaller providers. The same is true for law firms and licensed conveyancers for that matter.’
Craig Holt, chief executive of QualitySolicitors, likens his network to a legal SpecSavers insofar as its branches are independent businesses which contribute a fee to provide a marketing fund to build a profile in the brand. QualitySolicitor firms pay a fee which funds its marketing which depends upon a wide number of variables and (according to Holt) ‘typically’ equates to ‘around 2% to 5% of a firms’ turnover.
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Sarah Beeny shares with Chronicle her predictions for the property sector in 2011
Recent reports have suggested that property prices, which decreased last year, are set to drop further in 2011. While I agree the market is relatively buoyant, I don’t buy into the commonly held viewpoint that this is a cheap time to buy and therefore buyers must take advantage. It is important that the industry looks upon the current property prices as being stable as opposed to unusually low.
Rather than seeing major fluctuations to the value of property, I expect this year to be the start of big changes to the way we buy and sell our homes. I hope to see, amongst other things, the planning process simplified and systems for buyers and sellers being made more efficient. The internet is becoming more prevalent in the process of buying or selling a home and it will be important for estate agencies to market themselves in innovative ways if they are to avoid losing business.
Buying a first property is a process often made out to be worse than slow torture but I don’t agree. Yes, first time buyers are being asked to save large amounts before buying a property. But, equally, it would be unfair of banks to adopt a ‘borrow as much as you like’
approach that leaves first time buyers unable to make repayments further down the line. The difficultly for young professionals in gaining a mortgage has seen a huge rise in the number of under 30s choosing to rent and I expect the rental industry to continue to boom through 2011. However, I think lenders will begin to start offering sensible incentives to first time buyers as the year progresses.
While there are signs of encouragement for first-time buyers, I don’t expect to see too many existing home owners purchasing second properties. Many got carried away with the buy-to-let craze and I don’t think it was always helpful.
Finally, I often hear reports of a housing shortage in the UK. Clearly there are shortages of the types of houses people want to live in and perhaps in recent years town planners and developers have miscalculated the demand for certain types of property. Everyone wants to live near a good school and in areas with the best amenities; however, these are wider social issues that won’t be eradicated by simply building more homes.
property
“I expect this year to see the start of big
changes to the way we buy and sell our homes”
“The rental industry will to continue to boom
through 2011”
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The News Service of the CLC
CLC Consultations UpdateIn August 2010 the CLC first issued its Outcomes-Focused Regulation consultation, inviting comment on our proposed regulatory arrangements under the following regime:
• Code of Conduct (revision of existing Conduct Rules);
• Revised Rules & Guidance Notes (revision of existing arrangements);
• Regulatory and Enforcement Policies (formalisation of existing arrangements);
• Licensed Body Framework (new arrangements to enable us to become a Licensing Authority which licenses Alternative Business Structures; a number of CLC Recognised Bodies will need to become Licensed Bodies in
accordance with the Legal Services Act 2007); and
• Litigation and Advocacy Code and training provisions (new arrangements to support the intended extension of our regulatory scope).
We would like to take this opportunity to thank all those who responded to the consultations. A summary of all of the responses received, and the amendments made to the draft arrangements as a result, will shortly be published on our website and available to download at www.clc-uk.org The findings are reflected in Schedule 4 (revisions of existing regulatory arrangements), Licensing Authority and extension of regulatory scope applications
made to the Legal Services Board in February 2011. It is intended that the new Codes, Guidance, Frameworks and Policies that make up our regulatory arrangements will become operational from October 2011; with the litigation and advocacy arrangements going live at a later date, should our application prove successful.
In the coming months we will raise awareness amongst the regulated community of their regulatory responsibilities under the new arrangements.
CLC Chronicle
mailbox Re: Option to purchase route
Referring to Mr John Jones’ article [Autumn edition, page 16] regarding option agreements, whilst I fully agree with the contents of the article, I note that it does not make any reference to the fact that stamp duty is payable on the grant of the option, as of course, stamp duty has now moved from effectively conveyances/transfers to contracts. Conveyancers must be aware of this vital fact, otherwise, they will end up facing a penalty in addition to any interest of any tax payable.
An alternative is to keep the matter simple by having a Contract incorporating time of the essence but repaying say 90% of the deposit on completion if the Contract is not fulfilled.
Obviously, stamp duty land tax return, in such a case would not be an issue (unless of course, Chronicle readers may think otherwise). Comments are welcomed.
Yours FaithfullyPaul Durows, Durows, Martin & Company
If you have a comment regarding any of the features in Chronicle, please e-mail [email protected]. If you are happy for the CLC to publish your comment, please mark it ‘For Publication’.
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The new look CLC website has recently been launched. We hope all visitors to the site are finding it accessible and informative. If you have any comments on the new site, please email [email protected]
Licence Holders and PracticesAll practice and licensed conveyancer details are published in the ‘find a licensed conveyancer’ facility so please ensure your profile details are up to date. If you have not received your login details please contact [email protected]
StudentsYou should have received an email with your login details allowing you access to the CLC extranet. If you have not received this information, please contact [email protected]
CLC Annual Report 2010
Has your practice, or a licensed conveyancer within it, delivered an example of outstanding customer service during 2010? Have you received glowing feedback from a client? Or have you carried out an unusual or particularly difficult conveyancing transaction? If so, we would like to hear from you.
As part of our Annual Report and Financial Statements 2010, we would like to include case studies including interviews with both licensed conveyancers and their clients. If you would like to be considered for this feature, please contact [email protected]
Changes to Land Registry Rejection Policy – forms MH1 and MH4
From 1 March 2011 Land Registry will only be accepting applications to register or cancel a notice in respect of home rights using forms HR1 and HR4 respectively.
Although these forms are prescribed by the Land Registration Rules 2003, the Land Registry’s policy has been to continue to accept applications where an old matrimonial homes rights form, MH1 or MH4, has been used instead of the HR forms. However, the Land Registry now intends to reject applications where an old MH form is used.
Recent sampling by Land Registry revealed that 4-6% of applications of this type are still being made using the old MH forms, and that all of these were made by practitioners as opposed to members of the public making their own applications.
Land Registry request that licensed conveyancers take appropriate action to ensure that they only use the prescribed forms from this date.
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CLC Chronicle
The case for social media becomes more persuasive on a daily basis. As a marketing concept, its evolution is fascinating to watch. Consumers have already bought in, and the marketeers - in all industries - are playing a game of catch up.
Its low cost base and ease of access make it a powerful weapon in the armoury of legal practices of all sizes in combating the increased competition we will all face once the market opens up further under the alternative business structures (ABS) regime.
So what is social media? Perhaps it is most simply described as the use of the internet, and other electronic channels, to encourage dialogue. It’s a two way street, which expects feedback and comment from the end user. As far as the marketing of legal services is concerned, the aim is for that dialogue to result in instructions. And it’s quickly demonstrating its ability to achieve that objective.
The most successful practices engaging with social media have adopted it wholeheartedly and it has become a pervasive throughout their practice. For this reason, some of the greatest success stories are from small and sole practitioners (for example, Tessa Shepperson’s landlord law website www.landlordlaw.co.uk ). The “single
voice” element of their organisations has translated easily into the medium.
From a statistical point of view, the case for social media is hard to ignore. There are currently over 24 million registered users of Facebook in the UK and half of them log on to the site every day. Each user has an average of 130 “friends”. If your firm has a Facebook profile, and you can persuade an existing client to “like” your page, then this will recommend the page to each of their friends. If you can persuade 20 clients to become friends of your page each month, then that puts your firm in front of 2600 potential new clients each month.
Or, to put it another way, 31,200 electronic recommendations a year.
As it’s free to set up a Facebook page – or, indeed, any of the other most popular social media platforms - then it does seem to be the proverbial no-brainer. Time to set up a profile at a base level is literally five minutes. To build a helpful and user-centric page will only take a few days. The most successful sites will be tended on a daily basis.
Reaction and interaction is key. The aim is to build community and for the most successful projects, that community defines the brand. Although consumers have already been persuaded to listen, surprisingly few law firms have committed to contribute towards the conversation, so there is a real opportunity to trailblaze and steal the initiative from your competitors.
The most common channels for exploiting social media for professional services are currently:
Linkedin is perhaps the most natural environment for lawyers; it is predominantly a business networking site. Users, either individuals or organisations, can build a profile including details about their role, experience and career history.
There is also the facility to recommend individuals; and any recommendations will show up in a user’s profile. It is effectively a B2B forum, and so perhaps most naturally suited to building and fostering relationships with referrer and other business channels.
Many lawyers have already registered with Linkedin yet they have set up scant profiles. This can be compared to handing out a business card and is unlikely to generate business. Linkedin offers the facility to engage at a much deeper level. Joining groups, posting discussions and replying to questions in the “answers” function will ensure dialogue in the most client-rich forums.
One lateral benefit of Linkedin and which can be a real value-add for law firms is the ability to post jobs on the site for free. This facility has the potential to save firms thousands of pounds in agency fees annually.
Facebook makes perhaps the most persuasive case for involvement in social media so far as the statistics are concerned. Yet it is one of the least exploited by the business community.
Contrary to popular belief, its 24 million users in the UK are not predominantly teenagers. In fact, 40% of Facebook users are over the age of 35.
It is an example of how a proactive policy can reap results. The “Legal 500”, so far as social media is concerned, is a very different list to its more traditional counterpart. For example, Clifford Chance’s Facebook page has - at the time of writing - just 203 “fans”. By contrast, MS Law Solicitor’s page has 1430 fans.
The Social NetworkEmbrace social media, create brand, and create community, says Sally Holdway
“The aim of social media is to build community.
For the most successful projects, that
community defines the brand.”
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CLC Chronicle
MS Law are a two partner firm based in Prestwich, Manchester.
Why the difference? MS Law have exploited the niche and seen the opportunities to engage offered by social media. Their Facebook page is updated daily, with relevant information for their target client base -landlords. The products they offer have been designed to be customer centric and include courses on assured shorthold tenancies and off the shelf tenancies for instant download from £9.95. They blog regularly on helpful information; for example, on the implications of buying at auction. Many traditional legal blogs include updates on case law. This is of no relevance at all to the majority of clients. Content should be practical and helpful. MS Law are achieving these objectives in spades.
Their page actively encourages input and feedback from their fans. This not only creates a sense of community but also means that after achieving a certain tipping point, your fans will begin to contribute and write the content of your page for you.
Their approach to social media is all encompassing and holistic. Clients can move seamlessly through their journey on the website, or via the Facebook page, to find information, community and easily accessible products.
And with 1,430 fans, that means more than 185,000 potential clients have received an electronic recommendation of the MS Law’s services. Well done boys!
Twitter was only launched in 2006 and its progress has been astonishing. Twitter allows users just 140 characters to update their followers on what’s happening and there are more than 50 million “tweets”
– the informal name given to these short messages – every day worldwide.
There are many famous “Twitterers”. These include Stephen Fry who, for example, has two million Twitter users following his regular updates. It is the fastest paced of all social media environments with many tweeters updating many times during the day.
The golden rules to establishing a presence on Twitter are:• Create a dedicated account for your
firm;• Follow as many relevant people as
possible;• “Retweet” – meaning to re-post another
Twitter user’s update for the attention of your followers;
• Reply to people with advice;• Reply to popular people in the industry
with insightful information; and• Aim to be retweeted
What should I put in my tweets is often a query. The answer is, of course, limitless: but many business users choose to share useful links or helpful information, to provide online only discounts, or to give sneaky peeks to new products or firm developments.
Website
One of the easiest ways to transform an online presence from a brochure website to an interactive forum is to build a website which is blog friendly. Unless your website is a portal to allow for two-way dialogue and facilitate clients purchasing your products online, then you are losing market position to your competitors.
WordPress websites can be great for blogging and are worth investigating. They can be set up relatively quickly and easily and will allow you to start the conversation.
Other relatively simple “quick wins” to make your web presence more interactive include:• Setting up an instant messaging facility
to be able to provide real time answers to any queries from visitors to your site, and capture clients more effectively; and
• Providing online surveys. Have a look at www.surveymonkey.com, which at its base level is free to use. Find out what existing and potential clients think of your service, and what they might like to see changed.
Link your strategies
And don’t forget, the most successful strategies do not stand alone, but link into existing Business Development programmes for maximum impact.
So are you tempted? Why not dip your toe in? Begin the conversation. You’ll be surprised how many people are ready to talk.
Sally Holdway is a qualified solicitor with over 15 years experience in the legal industry. She has worked as director and full licence holder for a large licensed conveyancing practice and now runs Legal Edge, a training and consultancy organisation specialising in developing the management teams, business processes and marketing strategies of legal practices.
“There are currently over 24 million
registered users of Facebook in the UK and half of them log on to
the site every day.”
2011 sees the introduction of alternative business structures (ABS) for legal firms. It will be one of the biggest changes to affect the legal profession for 800 years. A key element of the Legal Services Act 2007, ABS allows firms that have hitherto been unconnected to the legal profession to offer legal services on a mass scale.
The Act’s core objective was to improve the lot of the consumer. The idea of ABS is to introduce more efficient and cost-effective legal services. For the dispassionate observer, it’s a question of relevancy and creating an environment that gives consumers more choice: about what they want and how they buy it.
Conveyancing, like wills and probate, is likely to prove a popular service for new entrants to the legal market to offer. The theory is that these new providers will offer easy access to what is predominantly seen as a distress purchase at more competitive prices and in a less threatening environment.
Interestingly, a recent poll of 2,000 consumers conducted by law firm referral service, Contact Law and published in the Law Society Gazette (13 December 2010), revealed that 66% of respondents would prefer to buy their legal services from legal brands as opposed to other providers, such as grocers or financial services companies.
But, however consumers ultimately behave, there’s no doubt that the legal profession in general, and conveyancing in particular, are set for a period of radical change.
The Solicitor’s Regulation Authority’s (SRA) root and branch review of the ‘client financial protection arrangements’ suggests that consumer centricity is key. At the heart of the SRA’s proposals to overhaul the existing system is some much-needed thinking on the best ways to improve the Professional Indemnity Insurance (PII) scheme and give all those involved in a conveyancing transaction greater protection.
Over recent years, PII has taken a battering in the face of spiralling premiums, driven up by high claims against solicitors. There has been a knock-on impact on the rising number of solicitor firms having to enter the Assigned Risk Pool; and an increasing number of smaller firms are likely to find it hard to secure any PII cover at all.
The SRA’s consultation on its proposals will close at the end of February 2011 and changes to the system will likely take effect from 2012. The proposals will help lenders and the larger law firms to better tackle risk but, so far, they appear to offer little additional protection for the house buyer – arguably the most vulnerable party in any conveyancing transaction. Although the SRA consultation focused on the solicitor market, and some may consider therefore that it isn’t relevant to licensed conveyancers, the principle that consumers should be offered best protection for their largest single investment must surely apply across the entire legal services market.
So, what can conveyancers do to help? In addition to providing high levels of professional expertise and customer service, they can empower their customers to make decisions for themselves by equipping them with appropriate information on the different options available to them.
The house-buying public will need to recognise its own responsibilities too and be more prepared to accept the consequences of their decisions. This will be particularly important in instances where house buyers opt to use commoditised conveyancing services, which are likely to become much more widely offered as the result of ABS.
One of the biggest risks facing house buyers and their lenders is the increasing level of mortgage fraud. The Financial Services Authority has been vigorously clamping down on mortgage fraud, banning over 90 mortgage brokers and levying fines of more than £1.7m over
CLC Chronicle
12
Close ProtectionDan Godsall, Director of First Title Insurance PLC, explains how conveyancers can help protect consumer interest
“The legal profession, and conveyancing in
particular, are set for a period of
radical change”
CLC Chronicle
13
the last three years alone. According to accountants BDO Stoy Hayward, mortgage fraud was expected to reach £1 billion in the UK in 2010. Continued straitened times are only likely to exacerbate the problem.
In terms of risk-mitigation options conveyancers might do well to bring to the attention of their customers the benefits of legal indemnity insurance. There is already a growing trend for these policies, which cover both known and unknown risks, including fraud.
Around the globe, legal indemnity insurance performs different functions dependant upon the needs of the market in which it operates. In Australia and Canada conveyancers and lenders often insist on insurance to cover the majority of legal ownership and mortgage security risks. Since the legal system was reviewed in Canada in the mid-90s the results have been very positive. Lawyers PII premiums have halved and continue to stay low. Consequently, the whole conveyancing market is far more stable now than it was 15 years ago.
“Mortgage fraud was expected to reach
£1 billion in the UK in 2010”
While the UK market may not be completely ready to mimic these models, current volumes over here suggest that around one in four transactions already includes some form of legal indemnity insurance, because of the value they offer in protecting consumers from claims against the ownership or usage of their single biggest investment.
From the insurer’s point of view, the objective is to develop products that enable house buyers and their lenders to manage their conveyancing risk in the most comprehensive way possible.
The recent introduction of products such as First Title’s Home Owner’s Protection Policy (HOPP) is a case in point. The policy was developed to protect home-buyers and their lenders against all the major risks associated with buying, mortgaging or using a residential property. Critically, the one-off single premium policy covers fraud, seller misrepresentation, boundary disputes and lack of planning permissions and building regulation consents. Technical problems discovered by the conveyancer are insured without extra charge and this cover continues for successors.
As a ‘no fault’ policy the HOPP makes it easy for clients to claim against First Title instead of having to prove negligence at their own expense. Not only does this make life a lot more straightforward by shifting the burden
of risk away from a conveyancer’s PII, but it also ensures claimants can gain a resolution to the issue in roughly six months – this is significant when you consider that the average PII claim may take between two and six years to conclude.
While, for the legal profession, the jury is still out regarding the benefits or otherwise of ABS, it’s a fair bet that consumers buying houses will benefit. The move toward multi-disciplinary practices involving estate agents and conveyancers, and the provision of high-volume conveyancing by high-street retailers, will provide consumers with the sort of price and choice options they’ve come to expect in virtually every other area of their lives.
By the same token, though they may not be the complete panacea for the elimination of all conveyancing risks, insurance initiatives such as the HOPP will certainly lead to a vastly improved risk-management structure for house buyers.
Dan Godsall is Distribution Director at First Title Insurance plc.
CLC Chronicle
14
Continued Development
I have often wondered whether dentists give themselves six-monthly check-ups, rather than entrusting the job to someone else, and I am certain that many hairdressers do indeed cut their own hair. So what of trainers and course providers? Do we attend courses to update our knowledge and skills or refresh our legal awareness through individual study? The answer must surely be a little of both. For example I am currently undertaking an LLM in commercial property law, which has enabled me not only to augment my legal knowledge in subjects such as environmental liabilities, a topic of interest both to commercial and residential conveyancers, but also to revise my awareness of such topics as landlord and tenant law, more of which later.
One of the attractions of the law is that it is constantly evolving. A brief study of past conveyancing examination papers should alert you to the fact that HIPs are no longer on the syllabus (although energy performance certificates are – something which should be borne in mind for the conveyancing examination). It is not therefore just trainers and lecturers who need to keep their knowledge current, but anyone involved in the provision of legal services.
So what should students and practitioners do in order to remain up to date with current legal thinking and practice? There are several issues to consider. Firstly, for those of you who have qualified, you are required to undertake 12 hours of continuous professional development (CPD) training per annum. This, together with your everyday practise, should keep you at the forefront of legal developments. Moreover, students who have yet to qualify will remain up to date through their own study.
However, what of those who have perhaps finished their studies and are still looking for an opportunity as a property lawyer or those who still have examinations to sit? If you have already qualified, it is in your interests to ensure that your skills and knowledge remain sharp. Potential employers will value an applicant with current knowledge and skills, who is able to perform in the role with the minimum of fuss and little induction period.
Likewise for those of you still with examinations to take. It is easy to lose sight of why you embarked on what can seem a long road to qualification. However you are in an enviable position of having time at your disposal, which you should be using productively, reminding yourself of topics covered so far, and reading up on the examination subjects which remain outstanding. If you can afford to do so, sit the examinations as an external candidate. Nothing shows dedication more than funding your own way through a program of study. You may be surprised to learn that most of us who have studied law have funded ourselves through at least one qualification!
However if you don’t actually mention on your application that you have funded yourself through a course, or kept up with your studies in some way, then you have only done half the job. Employers will be impressed, but only if you actually
tell them. Useful sources are The Times newspaper (the Thursday edition of which has a law section), www.rollonfriday.com which provides news, gossip, articles and jobs and the CLC’s own website, www.clc-uk.org.
Examination Tip
Returning to landlord and tenant law, how should one structure an answer to the following essay question? ‘Prepare a critical appraisal of how the scope of a tenant’s repairing covenant is analysed taking into consideration relevant statutory authority, case law, academic commentary and articles etc’.
The first thing to note is what you are being asked to do. Referring again to Bloom’s Taxonomy (see http://www.officeport.com/edu/blooms.htm); it is evident that we are being asked to evaluate. We should ensure therefore that what we produce is not merely a description, with a few observations thrown in. An in depth examination of the pros and cons arising from both statute and case law is required, with reference to a variety of academic sources. This deals with what we have been asked to do. As for the structure, we should introduce, argue and sum up, which in the vernacular becomes, ‘tell them what you are going to tell them, tell them it and then tell them what you have told them’. Our question should therefore introduce the concept of the repairing covenant, looking at the dictionary definition of ‘repair’, before considering the relevant legislation, and the case law linked to that piece of legislation. A decent structure shows a clear thought process, whilst an answer, which resembles a stream of consciousness, suggests a lack of understanding on the part of the student.
Matthew Noble ,NCAS Legal [email protected]
Matthew Noble, trainer and course designer, explains the importance of continued development and analyses how to structure a landlord and tenant law essay question.
CLC Chronicle
15
Certificates of Recognition
BradLey ProPerty & ProBate Lawyers
L B ProPerty Lawyers
diCkenson ProPerty Lawyers
kennan kay kerr LegaL serviCes LLP
H & C Law ProPerty groUP Ltd
New Manager Licences
nigeL BradLeyyemisi oLadeji
nigeL ParkinsonCLare tHomPsonroger matHaroo
PaUL tHomasgeorge diCkenson
miCHaeL kennan rUBy koteCHasHaron wHyte
The CLC is delighted to announce that 10 new Manager Licences have been issued since the last edition of Chronicle. Additionally, seven Probate Licences have been issued while five practices have been awarded a Certificate of Recognition.
Probate Licences
nigeL BradLey
miCHaeL kennan
PHiLiP Baker
rosemary ditCHman
jonatHan Brown
saLLy Page
stePHen mCdonagH
2011 CALENDAR
MAY 7th and 14th Saturday Revision Days
JUNE 20th Final Probate Examination Final Accounts Examination
21st Foundation Land Law Examination Final Conveyancing Law & Practice Examination
22nd Foundation Law of Contract Examination Final Land Law & Tenant Examination
NOVEMBER 5th and 12th Saturday Revision Days
: Case Study
On the wall above my desk is a small frame that contains a quote by Lord Justice Ward from the case of Carlton v. Goodman [2002] EWCA Civ 545, in which he said the following:
“I ask in despair how often this court has to remind conveyancers that they would save their clients a great deal of later difficulty if they would only sit the purchasers down, explain the difference between a joint tenancy and a tenancy in common, ascertain what they want and then expressly declare in the conveyance or transfer how the beneficial interest is to be held because this will be conclusive and save all argument. When are conveyancers going to do this as a matter of invariable standard practice? This court has urged this time after time. Perhaps conveyancers do not read the law reports. I will try one more time: ALWAYS TRY TO AGREE ON AND THEN RECORD HOW THE BENEFICIAL INTEREST IS TO BE HELD. It is not very difficult to do.”
That frame sits there to remind me that regardless as to whether my clients wish to hold their property as beneficial joint tenants or tenants in common that it is in their best interests to formally record their wishes in a Declaration of Trust.
That mantra came to mind when I recently reviewed the case of Jones v
Kernott [2009] EWHC 1713 (Ch). This case revolved around an unmarried couple who had bought a property in which they lived together for nine years as beneficial joint tenants. No Declaration of Trust was entered into at the time of the purchase. They shared the mortgage payments and other bills until the relationship broke down and the man moved out. Eventually the man served a notice severing the joint tenancy and requesting his 50% share. Ordinarily, the basic rule is that joint tenants will hold a property in equal shares i.e. 50/50, however, that presumption is rebuttable and therefore it is possible for those percentages to change. In this case the court had to decide whether that presumption of 50/50 had changed due to the man moving out and subsequently buying his own house. On the facts of the case the High Court decided that the ordinary presumption had changed and that the percentages were now 90/10 in favour of the woman.
As there was no express declaration dealing with the possibility of their percentage interests changing in the future it was necessary for the court to establish what was the couple’s common intention at the time of the purchase and then to consider whether it had changed
since then. This meant looking at the ‘whole course of dealing’ and reviewing the actions and behaviour of the parties once the man moved out. The woman had taken on sole responsibility for the property and the man had bought his own house. The court did not believe that the intention of the couple was for the man to benefit significantly due to the increase in value of the property after he had moved out especially as he had acquired another property which itself was increasing in value. The High Court decided that the 90/10 split, in those circumstances, was ‘fair and reasonable’.
The situation described in this case must be quite common. As stated above an express Declaration of Trust “will be conclusive and save all arguments”. As can be seen from the case of Jones v Kernott questions will arise as to how the beneficial interests are held in the absence of an express declaration. Without an express declaration the split between joint tenants will be determined under the general principles of both trust and property law. Unfortunately, that may not result in what the parties originally intended.
CLC Chronicle
16
John Jones, licensed conveyancer and Director for Learning and Development at Goldsmith Williams Solicitors, explains why licensed conveyancers must urge their clients to form Declarations of Trust
CLC Chronicle
17
It is not often that a case relating to mutual Wills finds its way into the Courts but the recent decision in Charles v Fraser [2010] EWHC 2154 (Ch) highlights the potential pitfalls for practitioners.
The facts of the case were that, in 1991, two elderly sisters, Mabel and Ethel, then aged respectively 76 and 78, made Wills in identical form. Each left their estate to the survivor and, upon the second death, to be divided into 40 equal shares and divided between 15 named beneficiaries. On Mabel’s death in 1995, her estate passed to Ethel under the terms of her Will. Mabel subsequently made an alteration to her Will, although this was not relevant to the subsequent court proceedings. What was relevant, though, was an entirely new Will made by Ethel in 2006, by which she left her estate to her neighbour, Mrs Fraser. When Ethel died soon afterwards, Mrs Fraser received £380,000. However, the beneficiaries under the 1991 Will claimed that the 2006 Will was invalid because the trust created by the mutual Will made in 1991 could not be overridden.
Notwithstanding the fact that the Wills did not contain any statement to support the contention that they were intended to be mutual Wills, Mr Jonathan Gaunt QC, sitting as a deputy judge, decided in favour of the claimants and identified nine steps which should be considered in cases such as these, viz:1. Mutual Wills are Wills made by two or
more persons, usually in substantially the same terms and conferring reciprocal benefits following an agreement between them to make such Wills and not to revoke them without the consent of the other.
2. For the doctrine to apply, there must be what amounts to a contract
between the two testators that both Wills will be irrevocable and remain unaltered. A common intention, expectation or desire is not enough.
3. The mere execution of mirror or reciprocal Wills does not imply any agreement either as to revocation or as to non-revocation.
4. For the doctrine to apply, it is not necessary that the second testator should have obtained any personal financial benefit under the Will of the first testator (although, in this case, Ethel had obtained such benefit).
5. It is perfectly possible for there to have been an agreement preventing revocability as to part only of the residuary estate, in which case the doctrine only applies to that part.
6. The agreement may be incorporated in the Will or proved by extraneous evidence. It may be oral or in writing.
7.The agreement must be established by clear and satisfactory evidence on the balance of probabilities.
8. The agreement is enforced in equity by the imposition of a constructive trust upon the property which is the subject matter of the agreement. The beneficiaries under the Will that was not to be revoked may apply to the Court for an order that the estate is held on trust to give effect to the provisions of the old Will.
9. The action relates only to the dispositive part of the Will. The new Will is fully effective to deal with non-dispositive matters, such as the appointment of executors. Accordingly, where the doctrine applies, the executors appointed under the final Will hold the assets of the estate on trust to give effect to the earlier Will.For the avoidance of doubt, mutual
Wills should always refer to the agreement to create such Wills made between the testators at the time the Wills were executed. A clause such as “This Will is made with the agreement of my husband (name) that we will make mutual Wills each of which is a mirror image of the other and that except by agreement between us neither Will shall be revoked or altered except in respect of administrative provisions”. Notwithstanding the fact that this clause contains the word “mirror”, it clearly stipulates that the Wills are intended to be mutual and not to be altered or revoked at any time.Susan Weeden, Ll.M, is the principal of Susan Weeden & Company, Solicitors - a firm that specialises in the provision of conveyancing and probate services. She is the author of the Council for Licensed Conveyancers’ Foundation: Law of Wills and Succession and Final: Probate Practice Courses and is also the Probate Examiner.
Licensed probate practitioners must take great care when drafting mutual, as opposed to mirror, Wills. On the face of it, there appears to be little difference between them but very specific wording is required to establish the intention to create binding mutual Wills, says Susan Weeden.
: Probate Case Study
CLC Chronicle
Why did you enter the legal profession? I was interested in studying the law but at the time was not in a financial position to go to university. The opportunity to learn and gain practical experience at the same time appealed to me, so the CLC’s distance learning route was ideal. In 1999 I was hired as a trainee by Angela Viney Conveyancing Services where I am now a Partner and I qualified as a licensed conveyancer in 2001.
Who has been the biggest influence on your career? Angela Viney, my fellow partner. Angela hired me as a 21-year-old and has been a great support, not only while I was training but throughout my career. I have now worked with Angela for more than 10 years and I don’t think I could have gained the support I received from her anywhere else.
What is your proudest professional achievement? Initially, being awarded a first practising licence. More recently, becoming a Partner in the practice in 2008.
…and your worst day on the job? In the current economic climate we had to downsize in order to survive and it was very difficult to see close colleagues and friends lose their jobs. Throughout the industry good licensed conveyancers have been let go by practices and it’s very sad to see.
What is your strongest professional characteristic? As a practice, we aim to be approachable to our clients. They put their trust in us and we hope clients see us as their friend as we guide them through the stressful process of moving homes. We try to show clients we are working in their best interest and not just trying to sell them a product. Having that bond with the customer is vital, particularly during a recession. I believe many firms have survived, and will continue to, because of such relationships.
What would you like to change about the legal profession? I think progress is being made and, in particular, technology is changing the way we work - mostly for the better.
What advice would you give to licensed conveyancers starting out?
The most important piece of advice I received while studying to be a licensed conveyancer was that you shouldn’t worry if you don’t have all the answers. No matter how long you have been working in the industry, something will always pop up that you are unable to immediately answer. The key is to have strong research skills so that you know where to look to find the solutions.
How do you relax? Having a healthy work and home balance is important. I try to spend as much time as possible with my wife and children and also enjoy exercising at the gym or having a game of football.
Darren Becks was speaking to David Gladwin.
spotlightDarren Becks, Partner at Angela Viney Conveyancing Services, tells Chronicle why building strong client relationships is now more important than ever
“We try to show clients we
are working in their best
interest and not just trying to sell them a
product.”
CLC Chronicle
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