Sarah Avern, head of legal practice at Convey Law, shares her thoughts on the conveyancing state of play and suggests a practical way forward.
Having worked in residential conveyancing for more than 25 years, I have seen enormous change in the profession. Technology has transformed the way we work, regulatory requirements have increased significantly, and the expectations of clients have changed.
At the same time, many of the fundamental challenges facing conveyancers remain the same: keeping transactions secure, managing risk, communicating effectively with clients and ensuring that people entering the profession have the right support and training.
As I take on my new role as head of legal practice, I have been reflecting on some of the biggest challenges facing the profession and, importantly, what we can do differently to address them.
Protecting clients from property fraud
Property fraud and cybercrime remain among the biggest concerns for conveyancers. The risks are constantly evolving, which means firms need robust policies and procedures, but also need to ensure that clients understand their own role in keeping transactions secure.
Good communication is a vital part of this. We regularly remind clients about the risks associated with sharing information about their property transaction on social media and the importance of being extremely careful when sending or receiving details about funds.
Technology can provide significant protection, but it cannot remove the human element. We all have a responsibility to remain vigilant.
Cyber security is everyone’s responsibility
It is easy to think of cyber security as an IT issue, but in reality it is also a people issue.
User error continues to be a significant vulnerability for businesses, particularly in a profession where conveyancers and support staff deal with huge volumes of email traffic every day. Regular training and awareness are therefore essential.
I believe the industry needs to continue moving towards more secure ways of communicating. We are increasingly using our secure Convey365 IT portal for client communication, which provides an additional layer of protection for everyone involved in a transaction.
The key point is that security has to be considered at every stage of the conveyancing process – and that includes educating clients about how they can protect themselves.
AML, source of funds and source of wealth
The role of the conveyancer has changed considerably over the years. Anti-money laundering checks, proof of identity and establishing source of funds and source of wealth are now fundamental parts of the conveyancing process.
These checks can sometimes feel cumbersome for clients, but they are essential. The challenge for the profession is finding ways to make the process as straightforward and efficient as possible without compromising on security.
Technology can help considerably here. For example, open banking can make the verification and transfer of funds more secure and efficient.
However, technology is only part of the solution. Robust policies need to be in place, staff need to understand them and, importantly, those policies need to be consistently followed.
Understanding risk
Effective client profiling is another area where I believe conveyancers need to be proactive.
Risk should be considered from the very beginning of a transaction, rather than becoming an issue later in the process. For us, this means considering the client, the source of funds and the nature and complexity of the transaction as part of our onboarding process.
Risk is not static. It can change as more information becomes available, which is why ongoing training in AML and risk management is so important.
Working collaboratively with regulators
I have always believed that the relationship between legal practices and regulators should be a collaborative one.
Regulation is necessary, but there needs to be open communication about how regulation works in practice and where improvements can be made. We all ultimately have the same objective: protecting clients and ensuring that they receive a high-quality service.
Rather than seeing regulation as something that sits separately from the day-to-day realities of running a conveyancing practice, I think there is real value in regulators and practitioners working together to find practical solutions.
Rethinking complaints
Complaint management is another area where I believe we need to look at the process carefully.
From our experience, many clients who raise concerns are primarily looking for three things: to understand where their transaction is, to know what the problem is and to know when they are likely to complete.
Often, the most effective response is simply good communication.
We try to speak to clients quickly when an issue arises and follow this up with a clear email explaining the position and the next steps. That personal contact can make a significant difference to a client’s confidence and understanding.
There is also a wider question around the current Legal Ombudsman process. Our figures indicate that a significant proportion of cases referred to the Legal Ombudsman over the last four years had not fully followed our internal complaints procedure and were often referred to us considerably later.
I believe there is an opportunity to look again at how complaints are triaged and whether the current process is delivering the best possible outcome for consumers and legal practices.
Attracting and developing the next generation
If we want to improve conveyancing in the long term, we also need to think about the people coming into the profession.
The regulatory and financial requirements involved in qualifying can create barriers for people who might otherwise have the ability and ambition to build a career in conveyancing. We need to make sure that the framework supports talented people rather than unintentionally discouraging them.
Training also needs to go beyond simply achieving a qualification. At our practice, our trainee pathway combines academic learning with practical experience, mentoring, auditing and wellbeing support.
For me, developing a good conveyancer is about more than technical knowledge. We need people who are confident, competent, resilient and able to communicate effectively with clients.
Finding a better balance for the future
The conveyancing profession has changed enormously over the past decade. Due diligence requirements have increased, technology has transformed the way transactions are handled and clients increasingly expect an almost instantaneous service.
There is a growing expectation of what I sometimes think of as ‘Amazon conveyancing’ – the idea that a property transaction should be as quick and effortless as ordering something online.
But conveyancing is not an Amazon transaction. We are dealing with people’s homes, finances and often the biggest financial decision they will ever make. With that comes significant responsibility.
The role of a conveyancer is demanding, and I believe the rewards – both financial and professional – need to reflect that responsibility.
Work-life balance is another challenge. It can be difficult to achieve in a profession where deadlines, client expectations and complex transactions are constant.
I don’t think there is one simple solution. But perhaps we need to start doing things slightly differently – individually, as practices and as an industry.
Better technology can help. Better communication can help. More collaborative regulation can help. Investing properly in training and wellbeing can help.
Ultimately, though, I believe we need to look at conveyancing as a whole rather than trying to solve each problem in isolation.
If we can collectively find better ways of protecting clients, supporting our people and improving the way we work, we can create a conveyancing process that works better for everyone.
About the author
Sarah is head of legal practice at Convey Law, bringing extensive legal experience and a strong understanding of the conveyancing sector. In her role, Sarah is responsible for supporting and overseeing the firm’s legal practice, helping to maintain the high professional standards, quality and client-focused approach for which Convey Law is known. She plays an important role in supporting the firm’s continued development, ensuring that legal, regulatory and client service standards remain at the heart of the practice.
The views expressed in this article are those of the author and not necessarily those of Today’s Conveyancer.
