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Michael Napier

Michael Napier - Modern Law Magazine

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Features 39MLM: How is the high streetmarket looking?Harris: The cottage industry stillremains – roughly 70% of transactionsstill remain with the high street butthis is disparate in apportionment. TheConsumer Panel reported this yearthat the public is increasingly satisfiedwith the local high street solicitorconveyancing service, suggesting thatlocality and face-to-face is sellable.High street firms need to get togetherand get to grips with where themarket is going and their role in it.They’ve got to be savvy and pick upthe excess work.Hudson: The UK opticians sectoris used as a parallel to the currentconveyancing situation. It sawsignificant change in regulation in theowner managed companies. It’s takento the mid-2000s for the numberof employed opticians to get backto the number seen pre-1985, whenregulation hit the market. It’s taken20 years for this to happen, howeverwhile employment in the sector hasincreased, for owners the situation hasworsened. Owners of law firms willhave a choppy ride. This is a personalview but the implications of ABSs willbe seen on the high street. Perhapswe’ll see a shift in conveyancersdiversifying and expanding to pick upother areas of work and then return toconveyancing after time.Hailstone: But work in progressfunding is hard to get and challengesfor work in other areas, such aspersonal injury, may limit this.MLM: What has been theimpact of The Law Society’sConveyancing Quality Scheme(CQS)?Goldsmith: 1,725 firms have qualifiedat the moment and 2,100 are in thepipeline. The questions are: why so fewcompared to the overall number ofproviders and will this change?Hailstone: Some aren’t looking to theCQS until they’ve seen what the benefitsare. They’re waiting to see whether it willevolve and survive the initial flurry.Goldsmith: But if they’re a seriousconveyancing solicitor then the have tohave the CQS accreditation...You’d haveto be living in a vacuum to not want tobe on the CQS – it’s essential for lenderpanel applications as much as the client.Olowe: CQS comes back tounderstanding what the client wantsand adapting to deliver that. If you’renot a CQS firm, it’s difficult to pitchyourself as customer focused.Hudson: It has to evolve. I havewritten to the CQS firms to tell themprotocol will be enforced and somewill be rejected for reassessment ifthey aren’t followed. If member firmsaren’t complying then other memberfirms need to tell us. Whateverhappens in the market, there’s noreason for solicitors to go downmarket in quality and standards ofservice. There is another elementto the CQS of course. The decisionto open up regulation is massivelyimportant. I’m concerned this will –in the future – lead to a competitiveregulator market competing onstandards and price. A licensedconveyance can only get the CQSappointment if it’s regulated by theSRA – a useful quality assurance.Barnett: On the lender panel point,it’s got to be noted that the workDes has achieved with the lenders interms of the CQS is tremendous andwe wouldn’t have got where we arewithout him. It’s not said often enough.MLM: What about the future ofthe CQS?Hudson: We’re planning to create aconsumer facing brand – similar andlinked to Find a Solicitor. It will be theequivalent of the CORGI (gas safe)accreditation for technicians, althoughit would require a significant amountof money to get the brand out there.Olowe: The problem is, most of thework comes through a third party – isit the best thing to market to thegeneral public?Hudson: The message needs to getthrough at the point of sale – by theestate agent or the lender, usingpowerful at sale communications. Alsoto use social media as a cost-effectiveway of spreading the brand and go viral.Olowe: The solicitor brand is a valuableone – the CQS is a subsidy of that andwould be effective.Hudson: It’s quite a task to setourselves but we’ll get there.MLM: Is Separate Representation(Sep Rep) going to happen?Olowe: Sep Rep is only there for theinterest of lawyers, not the consumerand until it is, it’s not going to happen.Barnett: It’s difficult seeing it happenas per the full blown system beingdiscussed at the moment. Sep Replight might be different...Okenden: The sector needs to focuson the how and why Sep Rep wouldbe in the best interest of the consumer– it might be a positive move for highstreet firms at some point but only ifthe its on the agenda for consumers.Goldsmith: The issue with Sep Rep isthat until we have the systems in placeto deliver conveyancing quickly and costeffectively, it might not be as attractive.However it does bring back face-to-facemeetings with the customer. It would alsohave a positive effect on PII insurance.Hudson: We have an open doorapproach to Sep Rep ideas – clientchoice is a benefit. However we doneed evidence to sway the regulatorsto do something.MLM: What are the key messagesto practitioners?Harris: Make sure you act in theconsumer interest, not just your own.Okenden: Conveyancers need to focusclosely on diverse consumer needsand then deliver.Turner: Capture and retain consumersby meeting their needsBen Harris: The high street needs toaddress it’s commercial needs.Hudson: Survival isn’t compulsory butdoing nothing just isn’t appropriate.Hailstone: It’s game on not game over.Get involved now and focus on the client.Barnett: Make a decision: who do youwant to be and focus on that.Landmark Information GroupLandmark Information Group has quickly developed into the market leader in the field of property related environmental risk information anddigital mapping since the inception of the business in 1995.Landmark has an unrivalled source of large scale current and historic digital maps together with high quality environmental risk and planninginformation. The focus on quality data enables Landmark to provide solutions that create peace of mind for our customers when using one of our products.Working closely with data providers including Ordnance Survey, the Environment Agency, the Coal Authority and the British Geological Surveyenables Landmark to offer current and historical environmental risk management information and desktop mapping solutions for the property industry.Since 1995, approximately £20 million has been spent establishing the Landmark databasewhich exists as one of the largest geographical information databases in Europe.For further information please contact Jacki NorburyDirect Dial : 01491 414 823 Office : 0844 844 9952 Email : jacki.norbury@landmark.co.ukML // November 2012

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