While the Law Society’s updated practice note on climate change this week is a useful reminder of how broader environmental issues are beginning to intersect with our requirements of acting on a residential property, it’s important that we remain clear about the scope of our professional responsibilities.
We need to look after ourselves, our firms, and our clients by ensuring we work within our agreed retainer and expertise. In the interests of good practice and due diligence, I’d encourage everyone to review the wording in their terms of engagement and search reports – particularly in residential property matters to confirm that we don’t advise on climate change issues as it’s just outside of our area of expertise.
This isn’t about avoiding the topic altogether; it’s about setting appropriate boundaries. Advice on environmental risks, including those related to climate change, often falls outside the scope of our standard residential conveyancing work and we should be referring to the specialists in this area where we’re being asked to.
With the note, the expectation is that if you don’t actively say you don’t offer this as a service, it’ll be expected that you do this. So being clear and consistent in our documents is everything. By doing this, we not only protect our clients from misunderstandings but also safeguard ourselves and our firms from that ever expanding ‘conveyancing creep’.
Laura Burkinshaw, Head of Legal Practice at Convey Law
