Legal representation in conveyancing transactions
It is recommended that joint legal representation of the parties to a sale and purchase, mortgage or lease of property should be prohibited, because of the potential conflict of interest involved. At the moment, developers and mortgagees normally require a consumer who is separately represented to pay their legal costs as well as his own. This practice increases the cost of separate representation and is considered to be contrary to the public interest. It is therefore recommended that such a requirement should be made legally invalid.
Restrictions on competition
The only services in which lawyers currently have a monopoly are those of advocacy in the courts, the conduct of litigation, and the No relaxation is undertaking of conveyancing and probate work. recommended in respect of advocacy and the conduct of litigation since the proper administration of justice in the courts depends upon the training and skills of those representing lay clients.
With regard to conveyancing and probate, the paper recommends that there should not be complete deregulation, as this could seriously undermine consumer protection. It is noted that reforms are underway in England to allow suitably qualified and regulated authorised persons to undertake this work, but it is too early to assess the effect of those reforms. In the circumstances, it is recommended that no change be made at this time, but that the issues may need to be addressed when the developments in England can be fully assessed.
Business organisation
At present, solicitors can practise only as sole practitioners or in partnership with other solicitors. The paper recommends that the Law Society should be able to permit solicitors to practise in multi- disciplinary practices (that is, in partnership with other professionals) and that, subject to proper safeguards, solicitors should be permitted to incorporate their practices.