unregulated legal sector

Being regulated “doesn’t necessarily make someone good”

I have worked in both the regulated and unregulated legal sector and have seen good and bad practices from both regulated and unregulated providers, so I am not convinced that regulation is the answer. Just because someone is regulated, it does not make them “good”. What makes anyone good is the service, knowledge and advice that they provide to the clients.

I never qualified as a solicitor, but I did qualify as a Registered Trust and Estate Practitioner (TEP) with Society of Trust and Estate Practitioners. When I set up my business in 2017, I joined the Society of Will Writers as their ethics and principles aligned with mine, and I am now a member of their Professional Standards Board, as well as the Regional Chair for Kent. I remain as a TEP as well.

I have seen clients who have had Wills written by solicitors that were complicated and not easy to read and clients did not understand what they had as it had never been explained and so were not sure that it fitted with their wishes. I have also seen clients who had had Wills written by will writers, which were not what they wanted and for which they had been charged thousands for – even for a simple Will. And these wills were also not fit for purpose – in some cases, these had to be unpicked by lawyers once the client had died because they were not fit for purpose. There are firms out there who believe that all clients should include trusts, no matter what their situation is. Some clients do not want these or need these, and sometimes feel pressured to have these, even though they do not want them.

What I think needs to happen is that standards of practice should be set out for both solicitors and will writers for us to all work to the same standards – whether they are regulated or not – as well as using technology to ensure that clients have options as to how they speak with their chosen advisers. There also needs to be more education for customers about the question of solicitors v will writers, so that they can make an informed choice. I think gone are the days of the family solicitor firm who does all their legal work whether or not they do a good job. Clients have become more discerning over who provides legal work for them and potentially they are more likely to use several different firms during their lifetimes.

If you look at complaint handling, I am aware that complaints against Society of Will Writer members is very low. If these are not resolved by our member, then the client has the right to appeal to the Society who adjudicates and if this is not accepted by either the client or the member then the matter is placed before the Professional Standards Board (PSB). As a member of the PSB, I know that only three complaints have been dealt with by the Board this year and is in line with complaints in previous years. Complaints on the whole are probably quite low compared with complaints dealt with by the SRA, who also take many months to respond. We aim to deal with complaints quickly, as do all our members.

What potential clients do need to be aware of is that there are firms of will writers out there who do not belong to any organisation, and they do not have PI insurance, so if there is a problem the clients have no recourse. If regulation came, I believe that members of the Society of Will Writers would, on the whole, be ready for regulation, particularly as our Code of Conduct is aligned with the practices that govern solicitors etc. Our members have undergone extensive training and have to keep up to date by carrying out CPD (as do solicitors), as well as having PI insurance, hence why we can use the “safe to do business with” logo that is issued by the Society of Will Writers.

One Response

  1. I am not necessarily a fan of regualtion having come form the financial “services ” arena or the industry of insurance its predetermined outcomes designed for banks and insurance companies platforms (product providers) their agents and their restrictive trade practices. For example you do not need a level four qualification to sell a life assurance product (Term or Whole of life although I accept the variables of WOL require an in depth knowledge). However regualtion and training provides more opportunities for personal development. Compliance helps to provide a backdrop for advisers to protect their business – form the anti social examples we find. Many will writers appear to be approached due to the clients perception they will not be so ethical and may be more flexible – a trait found in many solicitors and their firms (in the framework of the pyramid selling structure). great opportunities are available for good advisers to meet up regualrly exchange ideas and help with training by more qualified trainers (we see many advisers turning their hands to “coaching now “, or business consultants. The old saying in the life assurance industry was if they could not sell they teach ? However a good adviser in Wills or Finaces is one who has a good understanding of the clients circumstances and his /her views. I am a great beleiver in Standards – and had standards andethics been at he heart of Banking and Insurance company Boards – they would not be in the mess they are in now. One example Link Insurance and Neil Woodford – potential fine. PWC as auditors fined some £ 349 M – so where does this money go ? It is more cryptic than hard currency – simply numbers, no asset no real worth only through the sales and purchases driving growth – or insolvency. Remember Polly Peck ?

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