The essential guide to conduct, compliance and competence, and the Legal Services Act
Competence
Long-standing relationship with a client does not mean a continuing retainer, High Court rules
Solicitors who have a long-standing relationship with a client and receive many instructions are not under an implied general retainer to keep under review all previous advice and drafting, the High Court has ruled.
New funder targets smaller disputes with fee structure unrelated to damages
A new third-party litigation funder enters the market today promising to target far lower-value commercial disputes than other providers, and not take a percentage of damages as its fee – with a professional negligence expert warning that lawyers could face legal action for not considering their clients’ funding options.
Consumer panel: strip incompetent QCs of their rank as part of bid to improve quality marks
QCs should lose their title if they fall below an acceptable standard, the Legal Services Consumer Panel suggested today in a report that calls on legal bodies that run voluntary quality schemes to improve checks on lawyers’ continuing competence so as to boost consumer confidence.
Licensed conveyancers unveil rival to CQS amid warning that lenders are becoming backdoor regulators
The body representing licensed conveyancers has launched a quality assurance scheme uniquely linked to their regulator in a bid to help detect mortgage fraud. The move by the Society of Licensed Conveyancers goes significantly further than the Law Society’s Conveyancing Quality Scheme.
Claims against solicitors over mortgage fraud shoot up to £173m
New figures from the Solicitors Regulation Authority indicate that the long-predicted wave of claims against solicitors over mortgage fraud is fast becoming a reality. There are now 770 open claims against the Solicitors Compensation Fund relating to mortgage fraud.
High Court: “Insulting” to make solicitors check elderly clients’ capacity without reason
Solicitors have no need to investigate an elderly person’s capacity to contract without good reason and any such duty on them would be “insulting and unnecessary”, a High Court judge has said. Mrs Justice Sharp said the claimant had failed to establish that a lack of capacity “would have been evident to a reasonably competent solicitor”.
Ombudsman refers complaint to CCRC over fear that poor work led to wrongful conviction
The Legal Ombudsman (LeO) has passed a complaint to the Criminal Cases Review Commission after a solicitor and a barrister’s errors potentially led to a man’s conviction for theft, in one of 365 cases that the service has informally resolved so far, it has emerged.
Solicitors innocently caught up in mortgage fraud liable for whole loss
Solicitors innocently caught up in frauds on mortgage lenders can find themselves liable for the whole loss if they release funds before receiving documents needed to prove title, even if the lender is negligent.
Consumer panel calls for five-yearly “MOT” for lawyers
There is a strong case for some lawyers facing periodic reaccreditation and for creating a single badge to help consumers distinguish between regulated and unregulated providers, the Legal Services Consumer Panel said in a report published today. Responding to a request from the Legal Services Board for consumer perspectives on quality, the panel drew on consumer research it commissioned and found support for lawyers undergoing “a regular MOT”.
Sampson: Legal Ombudsman will investigate complaints that cross into negligence
The Legal Ombudsman (LeO) will seek to determine complaints that cross over into professional negligence, it has emerged. Chief ombudsman Adam Sampson said that while its predecessor bodies, such as the Legal Complaints Service, would shy away from complaints about the quality of legal advice offered, the Legal Services Act “makes no mention of any such limitation of our powers”.
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Associate News
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QualitySolicitors Keith Park implements Peppermint Portal
David Thorpe joins fast-growing technology innovator Peppermint Technology
DAS appoints head of marketing
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LexisNexis Visualfiles Helps Essex Legal Services deliver savings for the Public Law Partnership
Roadshow highlights potential perils of new COLP/COFA roles
