Q. How many complaints, in relation to the house buying process, have the Law Society received in the last year? In how many cases did the Law Society find mal-practice? How many solicitors have been disciplined and how many clients have been compensated?
A. Figures are not immediately available to us but we will supply them in writing to the Committee as soon as possible. We can state, however, that the level of complaints has reduced by 29% in Northern Ireland in the last year. Lay observers are responsible for overseeing complaints and the work of solicitors is also pro-actively monitored and the disciplinary committee can act if necessary.
Q. It is noted that you prefer a lay observer to an ombudsman. Who are the lay observers on the disciplinary committee and what is their background?
A. The Lord Chief Justice selects lay observers. An example of the type of person who may be a lay member is a former Chief Executive. The appointment of an ombudsman would cause practical difficulties under Human Rights Procedures in relation to the rights of solicitors to earn a living. Litigation against solicitors comes under the jurisdiction of the law Society. Our objection to an ombudsman is not in principle but is pragmatic.
Q. If the disciplinary committee, for example, is heavily biased towards professionals then this does not reflect the interests of young first time home - buyers who commonly experience difficulties? The current system looks like you appear to favour fellow professionals. Do you not agree?
A. The duty of all professionals is to de-mystify the house buying process. One principle of the Home - Buyers Charter is that every solicitor must send information out to all house purchasers in relation to the costs, complaints procedures and mortgage details in relation to their purchase.
Q. First time buyers should not have any conveyancing problems but on occasions they can wait for months on their business being processed. Are legal professionals dragging their heels?
A. These cases are not always straightforward. Problems, e.g. on site, can still arise and work needs to be done.
Q. Could you advise of the amount of compensation that has been paid out?
A. It needs to be stressed that compensation is only payable where no money is paid out through the negligence scheme. We do not know the amount of compensation paid.
Q. What does competition mean in relation to conveyancng? How do the public know if there are a range of prices on offer for conveyancing? How do they know if they are being hoodwinked by solicitors?
A. People are encouraged to shop around.
Q. What kind of activities are detrimental to solicitors?
A. A sustained media campaign, for example, to reduce conveyancing costs to unrealistic levels e.g. £150. In these circumstances solicitors would not break even. If fees became too low there would come a point that law firms would employ people who are not competent.
Q. The average cost of conveyancing has increased in the last five years well over the rate of inflation. This seem to link to the increase in property prices over the same period. Is this correct and if so why?
A. The Law Society are not aware of any such increase.
Q. What percentage of conveyancing work is desk research carried out by solicitors?
A. In all conveyancing work documents have to be examined.
Q. What is the Law Society's objection to one stop shops?
A. We consider the skills of solicitors and surveyors to be separate and are best dealt with separately.
Q. The legal profession in England & Wales do not seem to have a problem with one stop shops. Why is that?
A. The Bristol Pilot Scheme experience is that one stop shops are slowing down the house buying process. In addition we believe that one stop shops may lead to conflict of interests.
Social Development Minutes 5 April 2001