Licensed conveyancers support retaining referral fees


Kumar: opinion very evenly divided

A ban on referral fees in conveyancing is unjustifiable, according to a narrow majority of respondents to a Council for Licensed Conveyancers (CLC) consultation – but there was strong support for enhanced disclosure requirements.

Some 53% of respondents supported the CLC’s current position of allowing referral fees, with larger licensed conveyancing firms strongly backing the status quo. Smaller practices were fairly evenly divided, as were licensed conveyancers working in solicitors’ firms. The Law Society opposed the CLC position.

The CLC’s stance mirrors that of the Legal Services Board’s – that there is little evidence of significant detriment to the client or public interest from the payment of referral fees.

Nearly three-quarters of respondents supported enhanced disclosure provisions. These would mean clients should be provided with information of the arrangement’s nature, the name of the relevant third party, how the payment is calculated and the impact of it on the client.

The client would also have to be notified of the arrangement no later than when accepting instructions, be informed of any restriction or limitation affecting the introduction, and advised of their right to shop around.

A majority supported requiring written agreements, not having a prescribed form of agreement, and that the CLC should publish an overview of all the arrangements in place.

CLC chief executive Sheila Kumar said: “As ever, opinion on the principle of referral fees is very evenly divided but there is a very clear majority in favour of the enhanced disclosure provisions we have proposed. The council will now consider the final shape of our policy on the management of referral fees.”

Tags:




Blog


Litigation finance is not one product. It’s a strategy

Across the consumer claims market, litigation finance has developed into a broader set of funding options that can support different stages of a case.


The best legal AI doesn’t replace rules-based engines – it completes them

There is a belief circulating in legal tech that AI can solve everything – that LLMs are universally superior to what came before. It is not always true, however.


Small steps, big impact: how SME law firms are making legal tech work

For SME law firms, the priority is turning the potential of tech into measurable impact: success is driven not just by the technology, but by how firms approach planning and implementation.


Loading animation