The Law Society’s flagship property law conference on Tuesday kicked off by addressing a topic of growing importance: climate change.
‘Climate change is really important, not just for solicitors but for society as a whole,’ outgoing Law Society president Lubna Shuja said. ‘This is not just about how you operate ethically – a firm’s carbon footprint and who you give advice to – but how you advise clients on the impact of climate change. We know lenders are positioning climate change as a tier-one risk. They are actively reviewing portfolios and assessing future impacts on residential and commercial property transactions.’
Can conveyancers waive climate risk from the retainer? asked Clare Harman Clark, chair of the Society’s property section committee.
‘You have got to be more than clear to your clients what you are advising on and what you are not advising on, and why you are not,’ replied Historic England general counsel Andrew Wiseman.
Conveyancers should make a judgement over what their searches cover and what they do not. ‘Be clear to the client you have chosen to do this search, but it covers X but not Y, or it makes an assumption [of] temperature rises of 4%… A lot of firms are thinking “this is really outside my comfort zone”. It is important to take that information, put it to the client and let the client decide how they want to approach things.’
After publishing landmark climate change guidance this year, the Society is now working on a practice note for conveyancers. Alasdair Cameron, a policy adviser at the Society, suggested conveyancers with professional indemnity insurance concerns should look in the meantime at The Chancery Lane Project’s ‘Marni’s Clause’, which is designed to help solicitors fulfil their duty of care to advise clients on the presence of climate change risks.
The conference went on to grasp another hot potato: upfront information.
National Trading Standards embarked on a three-part project that will see all ‘material information’ disclosed when a property is marketed.
Part A, which went live last summer, covers the property or rental price, council tax band and tenure – ‘unavoidable costs’ incurred by the occupier regardless of the use of the property.
National Trading Standards director Emma Cooke said parts B and C should launch in late October or early November.
Part B will cover utilities, such as heating sources and parking. Part C, covering issues such as accessibility for people with mobility issues, restrictive covenants, flood risks and environmental factors, ‘is going to be contentious’, Cooke predicted.
Staff retention in residential conveyancing was the subject of one breakout session. ‘People do not see conveyancing as technically skilled,’ said Jennifer Woodruff, partner at Wilson Browne. ‘How do we get that message that it’s very technical and your lawyer is there to make sure you do not buy a house that’s going to cause a problem later? It’s not just about protecting the pool of conveyancers but getting newly qualifieds to want to go into [residential conveyancing] as their chosen area.’
Different routes to qualification have provided an enormous opportunity, said Guy Longhurst, managing partner at Ellisons Solicitors, which has taken on solicitor-apprentices. ‘There is more client contact and a range of skills involved. We’ve got young people working in the team who do not have the baggage of “We’re not valued”. They’re coming in and saying “We’re helping someone move house. It’s exciting. It’s their biggest acquisition and we have played a part in that”. They’re happy to engage with estate agents.’
Opinion was divided on whether residential conveyancers can work effectively from home. ‘How can you train someone if you are not in the office all of the time?’ an audience member asked. But another solicitor pointed out that most communication is now electronic.
