tag:blogger.com,1999:blog-38001369289458553422024-02-20T15:42:24.191+00:00Abaddon's musingsA solicitor in a small legal practice in a small country town, commenting on legal developments in conveyancing, etc, and on local itemsAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.comBlogger115125tag:blogger.com,1999:blog-3800136928945855342.post-12321075543278093072011-01-16T11:36:00.000+00:002011-01-16T11:36:51.417+00:00Commoditisation -v- the old-fashioned "family solicitor"In <span style="font-style: italic;">The Private Patient</span>, the author<span style="font-style: italic;"> - </span>P D James - several times includes an assumption that "people of means" will have a permanent solicitor - a family solicitor - who knows their background and previous dealings, and can give a broad range of advice and information.<br />
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While this used to be the case - and is a useful means for fictional detectives to find out all about the victim's business - it is becoming less and less true these days. More likely, people choose their lawyer on a task-by-task basis, selecting him or her for particularly relevant skills or specialisation. This is understandable: "horses for courses", as the saying goes<br />
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In these times, how is one to choose a good lawyer, accountant, surveyor, etc? I suggest, by personal recommendation - from a family member, friend or other professional adviser (eg: ask your conveyancer to recommend a surveyor; ask your accountant to recommend a commercial lawyer)<br />
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Indeed, if you have used one lawyer who specialises in a particular field, they are likely to be ideally placed to recommend you to a lawyer for another type of work. Instead of the lawyer in a large firm feeling obliged to recommend you to colleagues in the same firm, a sole practitioner who specialises in one field, will have no reason to do other than recommend you to the best lawyer available for another type of work, whether they are part of a larger firm or another sole practitioner - as long as the referrer is confident of his or her own value to you in their specialist field<br />
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A word of warning: one area where this does not work well is where the referrer is paid by the referree: then they do have a vested interest and their recommendation, while it may still be good, is inevitably slightly tainted. Indeed, some estate agents require their staff to refer buyers and sellers to conveyancers that pay referral fees, whether or not that referral is in the best interests of the buyer or the seller or the transaction as a wholeAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-16510225118869887602011-01-09T18:05:00.000+00:002011-01-09T18:05:59.308+00:00Unfair to pigeons!There was an item on TV over the weekend (a comedy quiz, I believe) that mocked pigeons for being "superstitious" - for doing again the things they had been doing before when they were rewarded with food, etc<br />
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Though they were compared to superstitious sportsmen, and the like, who insisted on wearing their "lucky jockstrap" for a match, or similar, in fact all the pigeons were doing was learning from experience, and doing again what they had previously done and been rewarded for.<br />
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Bearing in mind how many humans keep doing what they have always done but expect a different result, or the number who are religious or superstitious or believe in astrology, it ill behoves us to mock mere pigeons who have - they believe - learnt the path to true happiness and plenty of seedsAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-82384704366138225892011-01-09T11:09:00.000+00:002011-01-09T11:09:53.597+00:00Lawyers are rubbish ...... well, too many of them are, anyway.<br />
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We often wonder why we get so many irrelevant or unnecessary additional enquiries from buyers' conveyancers (including solicitors).<br />
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In the last couple of weeks, the answer has dawned on us: not only have they not read the paperwork we already sent them - they don't care. They want us to answer their own standard questions; they then copy them and our replies to the buyer and say, "Sign here". They have no interest at all in investigating or advising; they are (sorry) crap: charging for acting as lawyers, but in fact only acting as a copier and mail forwarder with no input or added value - some new clients who instructed us last week confirmed this to us: the conveyancers who "acted" when they bought the property simply sent the search result, replies to enquiries, etc, to the clients, telling them to read it all through and sign the contract if they were happy. They did not even bother to check the replies to enquiries to ensure they were (a) complete and (b) not self-contradictory<br />
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This week, I received 14 pages of "additional enquiries": all except 3 were answered by the papers we had already sent. The three extras were:<br />
• "Does the the seller own the telephone?" (WHAT?!)<br />
• "Is the building structurally sound?" (Ask a surveyor)<br />
• "When was the house built?" (1920s we think, based on what the agents' particulars said, but we cannot see why it is significant in this case).<br />
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OK, it is a relatively minor irritation, but it puts us and our clients to unnecessary work. The really galling thing is that I bet the buyer's solicitor will hardly look at the replies: he will either simply copy them to his own client to wade through (at lest then the buyer will see his solicitor is rubbish) or quietly file and forget them<br />
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Bah! Humbug!Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-12080482798872679632011-01-05T16:48:00.000+00:002011-01-05T16:48:42.156+00:00Adding valueI am told by those who know more about this sort of thing than I do - marketing people, mainly - that the "value dimensions" of a business depend on it displaying one or more of the following -<br />
<ul><li>product leadership</li>
<li>operational excellence</li>
<li>customer intimacy</li>
</ul>True or not, it provides food for thought<br />
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<span style="font-weight: bold;">Product leadership</span><br />
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Hmm ... that's a difficult one for lawyers, dependent as they are on implementing, rather than making, law. However, we do our best - for instance, our advice regarding preventing property theft (ask for a copy in the comments section, if interested) and our <a href="http://www.justinnelson.co.uk/my-guarantee.html">guarantee of satisfaction</a><br />
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<span style="font-weight: bold;">Operational excellence</span><br />
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Within the constraints of the current conveyancing process, we think we are as efficient and speedy as possible, without doing "make work" to appear busy. In addition, we constantly fine-tune our procedures to improve them - and welcome constructive suggestions for further improvements<br />
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<span style="font-weight: bold;">Customer intimacy</span><br />
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This, I think, is where we are very different from other firms. Unlike "normal" solicitors, who try to minimise contact with clients, estate agents, etc, we actively encourage visits - without insisting on prior appointments - and telephone calls.<br />
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To be fair, without an appointment, a visitor is unlikely to see me (or my assistant solicitor), but they will be seen by Samantha Hayes (my conveyancing manager) or Anne Browne (office/conveyancing manager). In all likelihood, Sam or Anne will be able to deal with any procedural or incidental points; any legal issues would be relayed to a lawyer for attention. Similarly with telephone calls: Sam and Anne will know the up-to-date position on any of the residential conveyancing transactions and can update clients and agents as appropriate<br />
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We thinks this gives us an almost-unique approachability - until other firms adopt a similar idea, of course<br />
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<span style="font-weight: bold;">Suggestions welcome</span><br />
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If you can suggest any other "value dimensions" or ways of improving them, please add as comments belowAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-14719643272146249472011-01-02T08:50:00.000+00:002011-01-02T08:50:54.350+00:009 ways to choose a lawyerSome thoughts on how to choose who should handle your legal work for you - mainly focused on residential conveyancing, but of relevance to other fields as well:<br />
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<b>1. Listen to personal recommendations:</b> If you are moving home, speak to friends and family who have moved home recently. If you have a commercial transaction or need other business-related legal help, speak to your accountant. If you are seeking a divorce lawyer, speak to someone who has been though the ordeal. Who would they recommend you use - or recommend you avoid?<br />
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2. Don’t be bullied into a particular choice.</b> In residential transactions, many corporate estate agents are incentivised to refer to particular firms in order to be paid referral fees - sometimes, their staff are disciplined if they do not make successful referrals. However, this is benefiting only the agent, not the buyer or the seller. Indeed, where a buyer is referred to an inefficient firm for a referral fee, the agent is not acting in his client's (the seller's) interests at all - the agent has allowed his own interests to prevent him fulfilling his duty to his own client. If an agent suggests using a particular firm, ask, "Why?" then "Do you get a referral fee if we use them?" Similarly, in other legal work, you have the right to choose your own lawyer on the basis of what suits you best.<br />
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3. Buy local, where you can</b>. For a house move, it is probably sensible to use someone local to your destination: a genuinely local conveyancer will know so much more about your area than a so called “national” firm, simply as a result of being involved in their local community. For other legal work, choose a firm local to you - either at home or at work - so that it is convenient to meet when necessary - this is particularly important for family work, where face-to-face discussions minimise the stress and complexity of what is an already over-stressful time<br />
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<b>4. Let's talk!</b> Linked to this is the question of communication: how and how often do you want to be contacted with progress or non-progress reports? Inevitably, some legal work takes longer than other work, and a daily report of "No response yet" in a court action or negotiation would be over the top, but you might well want a weekly email report. Or you might want instead to be copied in on correspondence, so that you can see what is happening. In a matter with clearly defined milestones - exchange of contracts and completion in a house move, for instance - you might want a phone call to confirm the position, or you may prefer a text, with more detailed information to follow, if needed. Make sure that the lawyer you plan to choose will (within reason) fit in with the way you want to communicate<br />
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<b>5. Do online research. </b>Searching for “Conveyancing Tenterden”, for instance, will throw up various conveyancers who are - or pretend to be - in the relevant area. Visit their websites; check that they are, indeed, where they claim to be, and get a feel for how they work and what they offer. The same applies to other fields of law. It is usually the case that lawyers who are genuinely good in their chosen field(s) will make a lot of relevant information available for free on their websites. Be wary of those who claim expertise but fail to demonstrate it<br />
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<b>6. Back up that research</b> by phoning - better still, visiting - the firm(s) you have in mind. You can find out a lot about how approachable and client-focussed a firm is by asking a few relevant questions over the phone - still more by how you are treated on an unannounced visit to their office. If they treat you as a nuisance (or worse), you have been warned!<br />
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<b>7. Don't choose minimum cost, but maximum value. </b>If you are not sure you can tell the difference, rely on item 1 above: those who have experienced the process can tell you whether they found the service they received good or bad value for money. As a poorer alternative, check to see if the firm you are considering publishes testimonials from satisfied clients - and, ideally, offers a guarantee of satisfaction<br />
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<b>8. Talking of cost ... </b>The work you want done may be suitable for an agreed fixed fee, instead of being charged on the basis of the time spent by the lawyer - there is always the suspicion that this rewards inefficiency. In effect, most residential conveyancers charge a fixed fee, in that they should not exceed their original estimate without clearing it with you - but watch out for hidden extras: get confirmation that the estimated fee covers all the expected work, and that you will not be charged extra for (say) completing a transaction less than two weeks after exchange of contracts, as some conveyancers do<br />
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<b>9 Choose a small firm.</b> I am biased, but I feel that most larger firms treat individual clients as of relatively low value, on the basis that there are plenty of other fish in the sea: the loss of one or two clients will not seriously impact on them. A small firm - or sole practitioner - knows he or she must cherish every client; not only are those clients of relatively higher individual value, but they will talk about their experience: see item 1 above. Further, the staff in a small firm will be more of a family or group of friends than in a large firm, where they are "personnel" or "human resources"; a small firm is therefore likely to be friendlier - amongst themselves and towords outsiders (We keep a supply of biscuits for our postmen ...) Finally, it is such a struggle for a small firm to fight its way through the regulatory and other processes designed by large organisations with large organisations in mind and no experience of being part of a small organisation, that the small guys must have a very good reason for not joining a big firm and letting it take the strain - that reason is enthusiasm: they tend to love what they do and constanty strive to excel at it.Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-11974821525528859822011-01-01T11:31:00.003+00:002011-01-01T11:43:49.988+00:00Never sign without readingEveryone knows, I hope, how important it is to read - and understand - documents before signing them: once signed, they are legally binding on you, and consumer protection legislation will only come to the rescue of the foolhardy in very limited situations.<br /><br />This applies to all sorts of documents: contracts, terms of business, even letters and, of course, Wills<br /><br />It therefore surprises me to find clients turning up to sign their Wills (or other documents) without bringing their reading glasses with them. OK, they have normally seen Wills, etc, in draft form already and - presumably - have read them then; also, they can ask us to read the document over to them, which we will happily do.<br /><br />Even so, I feel a little queasy at the thought of someone signing a Will without having read it through there and then, just before signing. We prefer to lend them a pair of glasses from a member of staff, if we have a suitable pair - mine won't do for reading as they are to correct my short-sightedness - and on one occasion I had to send a client home to get his reading glasses, as none was available for loan; he was not very happy!<br /><br />To avoid this problem in future, we have bought a selection of cheap reading glasses to lend to forgetful clients, so the days of someone trying to insist on signing a document they cannot read ("It's all right: I trust you"!) should be overAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-8117224529062786062010-12-30T12:48:00.003+00:002010-12-30T13:08:12.369+00:00Who are our competitors - and which worry us?As "High Street" solicitors, who tend to handle local work for local people, it might be thought that our main competitors are other, similar "High Street" solicitors - I think not<br /><br />Although there is competition between us and other local firms, we do not see them as an existential threat (oooh! Big words!) On the whole, they tend to have the same philosophy of business as us: do a good job, at a reasonable price, resulting in a satisfied client and a good reputation and more referral business.<br /><br />To date, a bigger threat has come from those firms, big and small, that indulge in cut-price conveyancing: always ready to undercut the competition - after all, it must be better to discount by (another) £50 and get the work than not, right? Wrong! Cut price conveyancing is bad for everyone involved - even those paying full price further up or down the chain of transactions - as it leads to a "stack it high and sell it cheap" approach, which quickly becomes de-personalised (commoditised) and inefficient. A similar problem results from conveyancers who pay referral fees to buy in work - but that's for another blogpost.<br /><br />However, a bigger threat still is nearly upon us: "Alternative Business Structures" in the jargoin of the regulators and, especially, non-lawyers being allowed to do conveyancing work for profit. The real threat - to existing practices - is that some big organisations - insurers, "service commoditisers", mortgage lenders, etc, will offer conveyancing services. Not only will they be the ultimate in "pile it high and sell it cheap" but they will have the resources to put in place systems that will far outstrip even the "warehouse conveyancers" of today.<br /><br />Worst of all, many of them - mortgage lenders are the obvious example - will be able in effect to offer the conveyancing for free: either bundling the cost in with the overall mortgage loan or treating it as a loss leader to get and retain the lending business - and the associated financial services, where lots of money can be made.<br /><br />How to compete? Well, trying to beat them at their own game will not work, as I simply do not have the financial resources. In order to compete, I need to sell my services to clients on the basis of value for money - not cheapness; genuine efficiency - not artificial busy-ness; local, useful knowledge - not a tick-box approach; and genuine approachability - not slick advertising.<br /><br />That is why I -<br /><ul><li>offer a money-back guarantee</li><li>constantly update my office procedures and support IT</li><li>am closely involved in my local community</li><li>encourage clients to drop in to my office, without appointments, to speak to my conveyancing managers about anything that concerns them: if it is a legal issue, it will be referred to a lawyer, but for procedural or incidental queries, my managers are well able to cope</li></ul>Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-26188454565306138622010-12-29T10:28:00.004+00:002010-12-29T17:28:38.414+00:00Free e-books and audio booksMy sources for free e-books and audiobooks are -<br /><br /><a href="http://www.gutenberg.org/wiki/Main_Page">Project Gutenberg</a>:<br /><br /><a href="http://books.google.com/ebooks?hl=en&as_coll=1040&uid=2278874564547928826&source=gbs_slider_bookshelves_1040_webstore_home">Google E-bookstore</a><br /><br /><a href="http://www.archive.org/">Internet Archive</a><br /><br /><a href="http://openlibrary.org/">Open Library</a><br /><br /><a href="http://manybooks.net/">Many Books</a><br /><br /><a href="http://librivox.org/">LibriVox (audiobooks)</a><br /><br />Can anyone suggest any more?<br /><br />PS: I omitted one of my favourites: <a href="http://www.memoware.com">Memoware</a>Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-82937411696643865712010-12-22T16:59:00.004+00:002010-12-22T17:18:43.275+00:00New conveyancing protocolAccording to Clutton Cox, they were one of only 12 firms to respond to the consultation by the Law Society on its new conveyancing protocol: http://goo.gl/uhpYh<br /><br />As I also responded, that means only 10 others throughout the country did - what a disappointment<br /><br />What is also disappointing is that the Law Society has not included in the scheme a requirement for member firms to (for instance) adopt the Law Society's Code for Completion by Post - and a lot do not seem to know what the Code says, but decline to adopt it anyway - nor to update their repetitive raft of property information forms so as to produce a single, well-drafted form for clients to complete<br /><br />Instead, they are duplicating some of the supervisory functions of the Solicitors Regulation Authority and concentrating on telling lenders, insurers and anyone that will listen that a good conveyancer should be part of the scheme - despite the fact that it is only open to solicitors, not licensed conveyancers. Presumably this is to get lenders and insurers to insist on firms joining if they are to be on lenders' panels and get insurance cover, thus ensuring jobs for those at the Law Society with no improvement in efficiency or protection for the benefit of clients<br /><br />Ahhh! What it is to be so cynical!Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com2tag:blogger.com,1999:blog-3800136928945855342.post-91755097645437088752010-12-21T10:13:00.003+00:002010-12-21T10:16:14.700+00:00Turmoil for the legal professionThe legal profession is undergoing a period of change and review more far-reaching than anything it has experienced before. The following consultations (which will lead to change) and already decided changes are under way (thanks to Rob Hailstone of the Bold Group for drawing all this together) -<br /><br />SRA Consultations: The new SRA Handbook: This consultation is the last opportunity for comments on the SRA's new Handbook which will underpin the regulation of solicitors and law firms from October 2011. This paper provides more detail on the regulatory framework for both traditional law firms and Alternative Business Structures. Ends - 13 January 2011<br /><br />Future Client Financial Protection arrangements: Comments are invited on proposals for amendments to client financial protection arrangements from October 2011. These proposals follow on from the independent review of the current client financial protection arrangements undertaken for us by Charles River Associates. Ends - 28 February 2011<br /><br />Sole Practice: Modernising Authorisation: The proposal is to bring the process for authorising sole practitioner law firms in line with the way in which all other firms will be authorised. Ends—8 March 2011<br /><br />Legal Services Board Consultations: Referral fees, referral arrangements and fee sharing: Ends – 22nd December 2010<br /><br />ABS (Alternative Business Structures for providing legal services) consultation - Further rules regarding licensed bodies: Ends - 21st February 2011<br /><br />Ministry of Justice PII: Proposals for the Reform of Legal Aid in England and Wales: This consultation seeks views on proposals for reform of legal aid in England and Wales. One option is to use client account interest to help bolster the Legal Aid Fund. Ends – 14th February 2011<br /><br />The Law Society PII Guide: The fourth edition of Insurance Matters, a free bulletin on solicitors' professional indemnity insurance (PII), can be downloaded: http://www.lawsociety.org.uk/new/documents/2010/insurancematters4.pdf - It includes articles on the outcome of the 2010 renewal process, conveyancing fraud, and risk management.<br /><br />Changes to the CML Lenders' Handbook<br />The Council of Mortgage Lenders updated the Lenders' Handbook on 1 December: The changes affecting solicitors include:<br />• new requirements where the solicitor acting for the lender is not familiar with the seller's solicitors<br />• lenders can stipulate whether they require notification of the name and address of the sellers<br />http://www.cml.org.uk/cml/handbook/amendments<br /><br />Lawyers need to be ready for this future. Whether it is an improvement remains to be seenAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-68489884566835010272010-12-02T08:48:00.003+00:002010-12-02T08:55:57.452+00:00Deep and crisp and evenI cannot let the snowfall pass without at least one blog<br /><br />There was plenty of snow overnight, resulting in a good 5 or 6 inches on the ground this morning. Though the side roads have been ploughed overnight, I do not expect any of my staff who drive to work to get in. That leaves Anne (my wife and office manager) and me, who both walk to work, to staff the office today.<br /><br />That's not a problem: with no post or Document Exchange deliveries (it's the snow, you know), we are only dealing with phone calls and emails - and catching up on "back office" stuff such as planning my new website - details soon - and revising my terms of business<br /><br />However, I was a tad upset when Anne commented, "It's lucky we can walk to work" - It's not luck: we planned for this; it's why we moved office from Cranbrook to Tenterden: so we do not have to use the car daily and so we can walk to work!<br /><br />I love it when a plan comes together - but I'm looking forward to things getting back to normalAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-32320033808654091622010-12-01T21:28:00.003+00:002010-12-01T21:33:38.716+00:00A word of warningNegotiating on legal fees - a word of warning. <p>For the lawyer, the actual fees are only a small part of the relationship. More important, usually, is the lawyer's perception of the value the client places on his or her services. If the lawyer feels undervalued, they will be demotivated and therefore less efficient. </p><p>Don't negotiate resentment into the relationship!</p>Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com1tag:blogger.com,1999:blog-3800136928945855342.post-3277744221297861662010-11-21T12:10:00.004+00:002010-12-01T21:34:30.582+00:00Quality standards?Research by the Consumer Panel - which advises the Legal Services Board, the regulator of lawyers - finds that "consumers assume all lawyers are technically competent and are subject to more regulatory controls than is the case. This means that quality considerations do not strongly influence consumers' choice of lawyers and people erroneously consider that all legal services are of proven standard."<br /><br />Apparently, despite a proliferation of quality badges for lawyers, consumers do not use or want quality marks in legal services.<br /><br />The LSB's reaction to this seems to be to propose yet another layer of regulation for an already heavily regulated sector.<br /><br />Seems to me it would be better to educate the public that all lawyers are *not* the same - some are better than others, and it is better to make a choice based on experience or a genuine informed recommendation - rather than taking up the referral from the estate agent who is paid by the lawyer to make that referral<br /><br />Still, I know I am a voice crying in the wilderness. Why on earth should a regulatory body resist the urge to gather more work to itself? It makes one wonder, though ...Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com1tag:blogger.com,1999:blog-3800136928945855342.post-75991410198821064762010-06-08T13:47:00.001+01:002010-06-08T13:49:16.485+01:00Another HomeMove forum queryIn case it is of general interest, here is another query, and my reply, on the homemove.co.uk legal forum<br /><br />The query:<br /><br />Please help! conversion of house to flats and existing mortgage lender rules<br /><br />Hello,<br /><br />I'm tied in for 2 years into existing 230k mortgage on a house valued at 500k. Repayment penalty of 5%. That I've come to terms with.<br /><br />I am getting planning permission to make into two flats to sell flat 1 and live in flat 2. Flat 1 worth 280k on sale and flat 2 worth 350k.<br /><br />Therefore I pay off my mortgage or keep or take out a small one. I have a loan from my parents for the conversion.<br /><br />Problem is I've found out I should tell my mortgage company. It says any building work have to tell. When should I and Will they say no? Presumably on making a lease the mortgage company finds out anyway on release of title deeds. I won't have the capital to pay off existing loan till sale and also very wary of idea of bridging loan at high interest rates.<br /><br />Worried if I go ahead and build then the mortgage company might cause me problems. Is there any negotiation I can do? When I speak to my conveyancing solicitor what should he do? He suggested writing to my company but I'm worried it'll write off my plans completely.<br /><br />The whole idea is on sale of the flat I'll pay off mortgage anyway and already face a big redemption penalty anyway. They will make 10k from me on redemption penalty.<br /><br />What do I do? Any advice???<br /><br />Please help.<br /><br />My reply:<br /><br />There are two aspects here -<br /><br />1: It is likely that, if the lender does agree to you carrying out the work, it will convert your loan to a commercial (higher) interest rate and may charge an arrangement fee and re-valuation fee; it really depends on the lender<br /><br />2: The lender will be worried at the risk that, partway through the conversion, you run out of money and leave the job incomplete, devaluing the property as a whole - that is the usual reason for a blank refusal. The lender is more likely to agree to the project if you can demonstrate that you have planned and costed it professionally and that the work will be supervised properly. You will need inspections under the Building Regulations anyway. I suggest that, rather than get the local council to do these inspections, you employ an "approved inspector" to oversee the project as a whole as well as dealing with the Building Regs inspections.<br /><br />Before you do anything, though, try to speak to someone sufficiently high up at your lender's to explain your plans and find out whether they might agree and, if they migght, what information, paperwork, etc, they want to be able to consider it properlyAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-69417884523578041292010-06-04T09:00:00.002+01:002010-06-04T09:03:58.265+01:00Online adviceI contribute to an online advice forum at http://www.homemove.co.uk<br /><br />A query that (to me, at least) was quite interesting cropped up today, regarding a breach of a restrictive covenant.<br /><br />The query itself was:<br />"We purchased a converted barn 2 years ago and the developer (who also lived next door) suggested that we get a garden room extension when I said I wouldn't buy it as I wanted more room! We decided to do just that and got the necessary planning permission but have uncovered in the past few weeks that there is a restrictive covenant on the property for 5 years. Unfortunately, the developer has since moved away leaving no forwarding addresses (as we believe she is in debt) however she was the one to initally mention the extension PLUS she phoned to congratulate us on getting the permission AND she even wanted to quote for the business! Our solicitor made it out that it would be best to try to contact her which we have done via her solicitor. We know she has the letter but has not bothered to respond either way! She is reknowned for her lack of business acumen! We have just been told by our solicitor that we cannot even get an indemnity now because (we did what we were originally told was the "right thing") we have made contact with her. Is there anyway out of this mess? Surely, we must have recourse in some way that she cannot simply abstain from an answer? And given that we have verbal confirmation from her, can we rely on anything here? It would be greatly appreciated if anyone can help!! Thanks."<br /><br />My reply was:<br />"I assume that it is the developer who has the benefit of the restrictive covenant, and the problem you have is that you are now trying to sell the property and the buyer is seeking evidence of compliance with the covenant in the form of a consent/release from the developer<br /><br />"If so, I suggest you make a "statutory declaration", detailing exactly what happened, and detailiung the various ways in which the developer encouraged you to build the extension, knew of it and did not object and has failed to respond to correspondence.<br /><br />"The point is that a court will not enforce a restrictive covenant if the person entitled to enforce it has connived in its breach, nor if they have simply sat back and done nothing in the knowledge that it is about to be or has been breached - the person with the benefit of the right musdt act reasonable promptly to enforce it - this is under the equitable doctrine of "laches" - the Wikipedia entery on this is very useful: <a rel="nofollow" href="http://en.wikipedia.org/wiki/Laches_%28equity%29" target="_blank">Laches (equity) - Wikipedia, the free encyclopedia</a><br /><br />"A sufficiently clear statutory declaration should be sufficient comfort to a buyer to enable them to proceed despite the apparent breach of covenant"<br /><br />Whether my suggested solution will succeed or not, I cannot say, but at least it offers somed light at the end of the tunnelAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-3149612654866572532010-06-02T15:59:00.002+01:002010-06-02T16:02:17.971+01:00Let us Tentertain youTentertainment is back! On Friday (evening) 2 July plus (all day) Saturday 3 and Sunday 4 July at the recreation ground in Tenterden, Kent (TN30)<br /><br />It's Tenterden's free festival weekend with (new this year) a jazz orchestra on the Friday evening<br /><br />Full details at www.tentertainment.orgAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-85242565158839431642010-05-20T14:04:00.001+01:002010-05-20T14:06:09.351+01:00We was wrong!Despite earlier confident predictions, Home Information Packs have been suspended with immediate effect - see <a href="http://www.communities.gov.uk/news/newsroom/1591783">here</a>Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-36861179273935635522010-05-15T10:22:00.005+01:002010-05-16T12:46:39.136+01:00Home Information Packs - the latest<span style="font-size:100%;"><span style="font-family:arial;">Thanks to Rob Hailstone of the Bold Group for this:<br /></span><br /><span style="font-weight: bold;font-family:arial;" >What is the Current Position?</span><br /><br /><span style="font-family:arial;">HIPs have not been scrapped by the Election result. The law still requires a HIP to be in place to market a property. The penalties for non-compliance still apply.</span><br /><br /><span style="font-family:arial;">Grant Shapps (the new Housing Minister), has said he will not condone non-compliance by Estate Agents who fail to order HIPs</span><br /><br /><span style="font-family:arial;">Grant Shapps has committed to a full industry consultation before scrapping HIPs</span><br /><br /><span style="font-family:arial;">The Coalition Agreement refers to scrapping HIPs in the Environment section suggesting more consideration has been given to this topic</span><br /><span style="font-family:arial;"><br />Unless a suspension order for the scrapping of HIPs is announced HIPs will remain in place for the foreseeable future. Legislation to adapt or replace them will take some time to pass in Parliament</span><br /><br /><span style="font-family:arial;"><span style="font-weight: bold;">What Happens Next?</span></span><br /><span style="font-family:arial;"><br />* The new Parliament will be sworn in next week from 18th May. The first Queen’s Speech setting out the initial legislative programme is expected to be held on 25th May. An Emergency Budget will be presented to the House in the first 50 days of the new Parliament and debates on its contents will dominate the initial period before the Summer recess </span><br /><span style="font-family:arial;"><br />* The first parliamentary session will run from the end of May to November 2011 (which is the date of the next Queen’s Speech). This means that the Coalition Government has a longer time than normal to get legislation through the Houses of Parliament. This will allow a larger volume of legislation to be passed, particularly as there is a Parliamentary convention that the Lords will not oppose legislation based on a Manifesto Commitment. Ministers are likely to exploit these two factors to pass the complicated and potentially controversial legislation they believe to be necessary. </span><span style="font-family:arial;"><br /><br />* We are unlikely to get significantly more detail on how the pledge to scrap HIPs will be taken forward when the Queen’s Speech is published – if indeed it does form part of the initial legislative package. The Speech itself is often little more than a statement of intent and many of the Bills listed in it may not be published until after the summer recess. </span><br /><span style="font-family:arial;"><br />* The Conservatives have pledged a consultation on transition and any successive legal framework. It is unlikely that this will be reversed, especially as David Cameron and Nick Clegg have pledged to restore the public’s faith in politicians. </span><br /><span style="font-family:arial;"><br />* The pledge on HIPs is unsurprising – it was a commitment delivered in both Parties’ Election Manifestos. The Agreement provides no additional detail on how this will be achieved or delivered. The inclusion of it in the Environment section rather than under deregulation is perhaps significant. It suggests that there is an understanding that scrapping HIPs cannot be undertaken in isolation. It has also been decoupled from the Great Repeal Bill – which has already been flagged as being a very early Bill to be introduced to Parliament ahead of the summer recess. </span><br /><span style="font-family:arial;"><br />* The Conservatives have pledged a consultation on transition and any successive legal framework. As David Cameron and Nick Clegg have pledged to restore the public’s trust in politicians it would be a breach of faith if this was reversed.</span><br /><br /><span style="font-family:arial;">Rob Hailstone</span><br /><span style="font-family:arial;">The Bold Group</span><br /><span style="font-family:arial;">www.theboldgroup.co.uk</span><br /></span>Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-62887645301541261362010-05-07T14:34:00.002+01:002010-05-07T14:37:01.762+01:00Home Information Packs - again<div dir="ltr" align="left"><span class="735392913-07052010"><span style="font-family:Arial;font-size:85%;color:#0000ff;">With the Conservatives and Liberal Democrats "promising" to abolish HIPs, it may instead be worth considering whether they can be improved to make them good value for money.<br /><br />The recurrent problem we are experiencing at present is the delay in getting searches. We get sent a lot of incomplete HIPs, then have to keep checking to see whether searches are added. </span></span><span class="735392913-07052010"><span style="font-family:Arial;font-size:85%;color:#0000ff;">This seems to be because of the same old problem: selling down to a price, rather than up to a standard, and getting personal searches (as cheaper) rather than official ones. </span></span><span class="735392913-07052010"><span style="font-family:Arial;font-size:85%;color:#0000ff;">To my mind, this makes no sense: on the one hand, people get what they pay for and a cheap personal search is likely to be full of errors and omissions; on the other hand, most official searches are (a) speedy - speedier than cheap personal ones, certainly - and usually not very expensive. </span></span><span class="735392913-07052010"><span style="font-family:Arial;font-size:85%;color:#0000ff;">On the rare occasions we get asked to prepare a HIP, we always recommend official searches, in an effort to make them as exchange-ready as possible<br /><br /></span></span></div> <div dir="ltr" align="left"><span class="735392913-07052010"></span> </div> <div dir="ltr" align="left"><span class="735392913-07052010"><span style="font-family:Arial;font-size:85%;color:#0000ff;">On a related aspect, many properties have more than one registered title, yet this seems to astonish amateurish HIP providers - I was having great difficulty explaining to one such earlier this week that my client's access and courtyard was in a different title to the house and, yes, both titles were essential</span></span></div> <div dir="ltr" align="left"><span class="735392913-07052010"></span> </div> <div dir="ltr" align="left"><span class="735392913-07052010"><span style="font-family:Arial;font-size:85%;color:#0000ff;"><br />The single best thing that could be done to improve HIPs would be to require them to include a draft contract (omitting the price and buyer's details, of course) and a full property details questionnaire. This would make them virtually exchange-ready and would have the extra benefit of removing the need for the sale statement and the almost-useless property information questionnaire.<br /><br /><br />This will not happen yet, of course, as it would mean only solicitors and licensed conveyancers could prepare the contract part, though this should change next year, and there will never be agreement on what the PDQ should contain - unless the government actually thinks it worthwhile consulting the people who know: property professionals</span></span></div>Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-24936321116595723382010-04-18T14:33:00.000+01:002010-04-18T16:34:21.902+01:00Terms and conditions appySometimes, it can be very difficult to get clients to cooperate in their own interests. This dialogue from 'The Girl Who Kicked The Hornets' Nest' by Stieg Larsson sets out the very basics:<p>Lawyer: "Here are my conditions. I agree to represent you. When I need to get hold of you I want you to answer. When I need to know what you want me to do, I want clear answers. If I call you and tell you that you have to [do something], then I have already decided that it is necessary. You will have to [do it] and not make a fuss about it. Can you live with that?"<br>Client: "I can"<br>Lawyer: "And if you start playing up, I stop being your lawyer. Understood?"<p>It's basic stuff, but all too many clients just don't get it<p>- Justin (Nelson)Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-40367350343388649852010-04-18T12:49:00.002+01:002010-04-18T12:51:45.870+01:00Another client testimonialFrom a genuine (and genuinely happy) client:<br /><span style="font-weight: bold;">"Many thanks for all your excellent work and professionalism, we both are grateful, having the confidence in you at all times, knowing that we would always receive accurate,honest and thoughtful advice. I'm certain we will be using your services in the future in whatever circumstances may occur. I just wish that banks worked to your standards."</span>Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-19464696518913684452010-04-08T15:30:00.002+01:002010-04-08T15:33:05.753+01:00Even disappointed clients are happy!Even though their house sale fell through because their buyer's conveyancer insisted, wrongly, that the legal title was defective, our clients have been very complimentary about our service, saying -<br /><br /><span style="font-weight: bold;">"I just wanted to say a very special thank you to both you and Justin for the professional service and genuine support and understanding you have given us over the past months. Having not moved for 25 years, and no real need to instruct solicitors over that time, you made the process clear and provided outstanding service to us. Despite the outcome, which was clearly out of everyones hands, you never gave up and that was greatly appreciated. I would have no hesitation in recommending your services, you do a wonderful job and conduct a very professional business."</span><br /><br />It is nice to be appreciated!Abaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-51150556056753447132010-03-29T21:03:00.001+01:002010-03-29T21:03:34.465+01:00Test via FacebooksomethingAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com0tag:blogger.com,1999:blog-3800136928945855342.post-57936279236065037912010-03-29T19:45:00.002+01:002010-03-29T19:50:14.460+01:00Love thy neighbour?For all the legal and physical investigations a homebuyer can do, nothing beats checking on the neighbours - http://bit.ly/aPmuOG<br /><br />Seriously: if your home is to be your sanctuary, you need good neighbours. Like family (unlike friends), you cannot choose them - existing neighbours may be replaced by new ones. However, before you buy a new home., check on the neighbours - and if you are buying a flat, the most important neighbours are those who live above you, not those on either sideAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com1tag:blogger.com,1999:blog-3800136928945855342.post-7132049514205851312010-03-26T16:57:00.002+00:002010-03-26T17:01:21.641+00:00Tenterden Pudding ClubOnce a month (on the last Friday in each month), various Tenterden-based professionals and business people (solicitors, accountants, estate agents, IFAs, telecom consultants, bank managers, insurance brokers, etc) get together for an informal, single-course lunch and a bit of networking<br /><br />There is no need to commit to attending (nor to apologise if you cannot attend), but if you are in business in Tenterden and would like to be added to the email reminder list, let me know: send me an email at jn@justinnelson.co.ukAbaddon the scrivenerhttp://www.blogger.com/profile/01665505517559409237noreply@blogger.com2