Linkedin has been flooded with talk about the Law Society SGM. But one thing has struck me – it can be summed up by the following quote from Robert Frost:
“Half the world is composed of people who have something to say and can’t, and the other half who have nothing to say and keep on saying it.”
I am not saying that those who have voted in favour of the no confidence vote have nothing to say because they clearly believe that they do but what about the others? I don’t know what the answer is to all the unfriendliness that has been on social media over the last few weeks. There are some very disgruntled conveyancers out there but is it because of the TA6 or is this just the catalyst?
What I do know is that if you were a supporter of the TA6 form and the engagement of the Law Society with bodies such as the Home buying and selling group, then it would be possibly intimidating to say so. I have seen two posts where commentators were positive and these were quickly taken down.
I hope that the SGM allows those in favour of the form and engagement to be heard without being intimidated or afraid to speak up. I hope all consider what is best for the future of conveyancing. Just remember that if there is no engagement, then conveyancers will be left on the sidelines as others potentially come in and take control of the process. It could end up being far worse than what we have now.
This is written by a real high street conveyancer who wishes to remain anonymous. Read more in Today’s Conveyancer every week.
9 responses
I think it is rather to the contrary, people are afraid of speaking up as they can be persecuted for being against the new TA6. Aren’t you fed up of being bullied by people who actually don’t know anything about Conveyancing and constant govt meddling to raise house prices. You’re right, this is just a catalyst. With a global IT meltdown and cyber fraud and deep fake AI, are you willing to risk it?
I haven’t seen an actual person who is a real practising conveyancer (except members of the conveyancing and land law committee of the law society) come out in favour of the 5th edition. It’s universally unpopular.
I really don’t understand the argument the author is making.
This doesn’t sound like our usual High Street Conveyancer – who has hijacked the blog?
If there are any practising conveyancers out there in support of the new form I’m yet to come across them.
I also don’t understand this argument that if the Law Society don’t engage with bodies like the HBSC and DPMSG then they will start controlling the process and we will be left as bystanders. How? These groups have absolutely no jurisdiction to tell solicitors how to operate.
Of course all voices should be heard.
TLS created the mess by not consulting. It may be a great new form but maybe it could be better.
TLS has abandoned Conveyancer representation to the Conveyancing Association which has its own agenda, its own protocols and the interests of its members (which are contrary to those of High Street conveyancers) at its core.
I want TLS to start talking for property transaction Solicitors.
Doesn’t make a lot of sense.
What I would say is that ordinary decent conveyancers like myself are sick and tired of MI, the new TA6 and the conveyancing civil war taking place at the moment. We just want to do our jobs and not read comments day after day from people in the profession and outside acting like children.
I am anti the new TA6 form. I am not saying that the TA6 form shouldn’t be amended, however their needs to be consultation with solicitors that work at the coal face. It’s quite obvious the TLS have completely lost the faith and support of the majority of High Street Solicitors.
We know what the real issues are that cause huge delays in the conveyancing process :
– referral fees that lead to agents syphoning work to large conveyancing outfits; that have too much work; unqualified personnel and too much reliance on tech as opposed to legal knowledge
– the complexity of the BSA 2022
– Ground rent issues leading to deeds of variation
– fixed rent charge issues (requiring deeds of variation)
– CQS firms not complying with the protocol and raising unnecessary enquiries
– other conveyancers raising unnecessary enquiries
– excessive and bureaucratic AML, SOF, SOW compliance
TLS should leave MI alone and let Trading Standards enforce MI against estate agents.
TLS should focus on the real conveyancing issues and bring pressure to bear on sorting out the issues above.
I agree with all of this. The revised TA6 will do nothing to speed up transactions and make anyone’s life easier. Quite the opposite. I am not against making sure that buyers have more information available to them but it needs to be done in a way which does not cause more issues. That still needs a lot of working out. For me, the only way that a buyer will be able to get definitive accurate information is by paying for at least a level 2 survey. I am really worried that buyers are not being given accurate information which they then choose to rely on resulting in a lack of survey (because they think and believe that what they have is enough) and we will see more issues down the line. With the cost of living, people are already scrimping on what is the most important and biggest purchase of their lives.
There are a lot of other pressing issues that need attention first before working on the property information form if they genuinely want to speed up conveyancing.
This will be a controversial statement, but, to add to that list, WFH and Consultants. I am sorry to say that my overall impression of WFH and Consultancy is not good. I find that fairly regularly Consultants and those that WFH (I’m looking at you Land Registry as well) are doing what they want when they want and there is no consistency of service. There are CQS protocols there for a reason and they are simply not being followed. If people want to WFH and Consult then fair enough I am not advocating that this is removed but at some point someone needs to ensure that this is monitored effectively. Let me give you examples; there are some consultants out there that can go 4-6 weeks without communication despite being chased. Employed in a law firm we need to actively review files. If there is no communication (and no apology for this either) are these files being handled. There are consultants out there that refuse to raise enquiries until the mortgage offer and search results are in causing weeks of delay. Again my training indicates that this is a big no. Being employed in an office under supervision would not allow me to get away with that.
But because they are self employed, I see that they are spending their time on linkedin taking dogs for walks instead.
The issues are those who have been bullied or subjected to a lack of respect and those who are Lazy – both types I discovered in the Land of the Scot (or as they like to call it Edinburgh – home to the followers and sheep in their industries of industrial banking and industrial insurance of the once royal bank of Scotland, by appointment and the Conspiracy to their Monopolise by lure and entrapments (as recorded with the CMA and their further instructions to provide at least some competition in conveyances and marketing and property laundering in St Albans and elsewhere ?