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Beware of bogus solicitors

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This year has seen an increase in ‘scams’ relating to bogus law firms. Conveyancing, the legal process of buying or selling a property, is an area that has been particularly targeted.

The increased use of technology and increased use of online conveyancing services is enabling criminals to perpetrate fraud in a way that was not previously possible. Posing as legitimate law firms, they have succeeded in deceiving both solicitors and the public to obtain large sums of money.

The role of the Solicitors Regulation Authority

The Law Society’s webpage ‘Find a Solicitor’ has been considered a trusted source when checking the legitimacy of a firm. However, this webpage cannot guarantee a conclusive substantiation or verification that a firm is legitimate, as bogus law firms have been placed onto this list.

The BBC’s programme ‘Moneybox’ has highlighted a case where a homebuyer lost £735,000 to the criminals who had managed to register themselves on Find a Solicitor.

David Robinson, a solicitor representing these fraud victims, said that “It is unacceptable, in my view, that either a solicitor or a member of the public cannot phone up or email or write to the SRA and get reliable confirmation that X or Y is or is not a solicitor, since it is the SRA who set the criteria and requirements for getting onto the Law Society website.”

This raises the issue of how you can reliably check the credentials of a law firm and ensure that your money is safe.

How do you know that it’s safe to transfer your funds?

There are  tell-tale signs that a firm is bogus. For instance, if the only point of contact is an email account or telephone number and there is no registered firm or a physical address, you should be concerned.

In today’s internet world, the more remote you are from the professional ‘advice giver’, the greater the risk. The risk involved in providing your ID and financial details online to unverified firms is great, especially where your home and large sums of money are involved.

There is enough that can go wrong when buying a house at the best of times, so to ensure that your funds are secure, it is always better to use your local solicitor and meet them in person. This helps to confirm their identity and legitimacy, providing you with peace of mind.

Ali1

Alessandra Sulzer is a member of the Conveyancing team at FM&C Solicitors and may be contacted on +44 (0)1799 526 849 or +44 (0)7462 404 147.

Email: conveyancing@fmc-solicitors.com

Is your Will worth the paper it’s written on?

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The government is considering proposals to regulate the practice of Will writing, following a request from the Legal Services Board. Due to a lack of regulation Will Writers with no technical qualifications, negligence insurance or continuity arrangements continue to practice Will writing.

The Legal Services Board has encouraged regulation to reduce what the Board says are “significant risks that consumers currently face” when using unregulated Will Writers. The request by the Board is intended to bring regulation of will writers in line with that of Solicitors.

When people make Wills their aim is to reduce risk. A Will helps ensure that someone’s estate will pass as they would wish after their death; providing support to families, friends and charities.

Anyone can set him or herself up as a Will Writer. The lack of restrictions on the business of Will Writing means that Will Writers have a lack of technical qualifications.

A properly drafted Will ensures property and assets are inherited by those you wish, allowing you to make provisions for children and express your funeral wishes. The consequences of a poorly drafted Will are significant and far-reaching.

These Will Writers provide Wills at competitive prices, charging from £85 for single Will. The widespread use of hidden fees by Will Writers, such as review charges and storage fees, escalate this cost. Will Writers often quote around £20 per annum for storage of a Will at the National Wills Safe, while a local Solicitor will often store a Will free of charge.

It is during the process of estate administration that fraud and theft from estates can occur. The Law Society has warned that “consumers risk losing everything if they allow unregulated and unqualified will writers to have full control of their estate’s assets”.

Will Writing companies lack sufficient arrangements in place should the company cease trading, which may mean that your file is lost.

For true peace of mind please ensure that whoever writes your will is regulated by the professional governing body the Solicitors Regulation Authority (SRA). Solicitors are tightly regulated by the SRA, ensuring that wills are produced to the highest professional standards and worth the paper they are written on.

While Will Writing Companies are often members of the Institute of Professional Will Writers, this is not a regulatory body and cannot offer the same level of consumer protection as that provided by the SRA. This could leave you with nowhere to turn should things go wrong.

The unregulated service offered by Will Writers leaves the public unprotected from abuse in this vital area.

Julie (2) (640x422)

Julie Indaco-Plumb is a member of our Wills and Probate Department at FM&C Solicitors and may be contacted on +44 (0)7462 441184 or + 44 (0)1440 761 200.

Email: julie.indaco-plumb@fmc-solicitors.com