Using a CLC Lawyer

What is a CLC Lawyer?

CLC lawyers are specialists in property law. If you are buying or selling a house or dealing with the property of someone who has died, you will want the help of a specialist lawyer, just as you would want a specialist doctor to deal with a particular health issue.

There are two kinds of CLC Lawyers, both are qualified, professional specialists in property law:

• Licensed Conveyancers specialise in the legal aspects of buying and selling property in England and Wales.
• Probate Practitioners undertake the legal administration of a deceased person’s estate.

CLC Lawyers are also Commissioners for Oaths, which means they have legal authority to administer and witness official documents, for example to swear that a statement is the truth (called an affidavit). They can sign your passport photo as well.

High standards, tightly maintained

The CLC sets high standards for entry to the profession and for how individual lawyers and firms deliver conveyancing and probate. They are held to high standards of customer service.

The specialist expertise of CLC lawyers is backed up by intensive regulation and the CLC monitors the lawyers it regulates very tightly to protect clients.

When we find any cause for concern, we make sure that the lawyer addresses it before it affects clients. If they do not address the problem, or if clients have already been affected, it is likely that the CLC will take disciplinary action.  

What to expect when using a CLC lawyer

When using a CLC lawyer, you should:

• Receive an honest and lawful service.
• Be provided with a high standard of legal services.
• Have your matters dealt with using care, skill and diligence.
• Be provided with a service which is accessible and responsive to your individual needs.

• Not feel discriminated against, victimised or harassed.
• Receive a swift, impartial and comprehensive service if making a complaint.

How do I choose a CLC Lawyer?

The CLC always recommends shopping around so that you can get the service that you need at a price that you are happy to pay.

We have set rules for CLC lawyers that mean they must give you a clear and reliable estimate of costs when you are shopping around and if you decide to use them.

It may be helpful for you to ask two or three different firms to give you an estimate. You should also ask how difficult they think the work will be, how long it will take, how often and in what way they will contact you, and who will be carrying out the work.

You can find CLC lawyers through our online register or through a comparison website like reallymoving.com or a standard internet search.

Your estate agent, mortgage lender or somebody else involved in the property that you are buying might recommend one or more lawyers to you. A funeral director might recommend a probate practitioner to deal with the will of the deceased.

You still have the right to shop around and to appoint your preferred lawyer.

If the person making the recommendation is going to receive money from the lawyer in return (called a referral fee) your lawyer must explain this to you.

Your mortgage lender might only allow certain conveyancers to do work for them. This means you will need to choose a lawyer from their panel of conveyancers. Generally, there will be a very wide choice and panel membership is a further indicator of service quality.

Whichever lawyer you choose, remember that they are working for you and representing your interests.

If you are taking out a mortgage, they will also make sure that your mortgage lender’s interest in the property is correctly registered.

How can I be sure they are really who they say they are?

When you visit a lawyer’s website, you can use the CLC’s smart badge to check that the website is genuine and that the law firm is regulated by the CLC.

You can also find out more about CLC lawyers on the CLC’s online register. If they have a disciplinary record because of past misconduct, the register will highlight that.

Working with your CLC Lawyer

Once you have chosen your CLC lawyer, they will ask you lots of questions. This is so they can understand what you need them to do for you and that they have all the information they need to do that well.

Your lawyer will also provide you with a lot of information about the service they are going to provide.

If there is anything that is not clear to you, or if you think your lawyer has misunderstood something that you have told them, you should clear it up straight away. This will avoid any surprises later on that could affect the work that is being done for you.

You might see your lawyer in person or communicate by telephone or email or even through a website. It is important you and your lawyer establish a means of communication from the beginning that is going to work for you.

How much will it cost?

The amount you pay will vary from lawyer to lawyer and the style of service they offer. It will also depend on the type of property you are buying or selling or the complexity of the dead person’s property and wishes in a probate matter.

This makes it all the more important that you are clear about costs when you first instruct a lawyer.

The legal costs you will need to pay to a CLC lawyer can be broken down to:

• the fees the CLC firm charges (‘fees’). This is the charge the CLC firm makes for acting on your behalf. The amount of the fee charged may vary depending on how complicated the matter is and/or how long it takes the CLC Practice to deal with it;
• the charges the CLC firm incurs and pays on your behalf to other parties (sometimes called ‘disbursements’). The amount of these charges is generally out of the direct control of the CLC firm and is unlikely to change a great deal between different transactions. Examples of disbursements are the land registration fee, Local Authority searches and environmental searches and Probate Registry fees.

The costs of buying and selling houses

Charges for conveyancing service are likely to be calculated as either:

1. a fixed fee for the work (this is the most usual way that firms set prices); or
2. an hourly rate (the time spent on the particular matter).

If additional work becomes necessary during the transaction, your lawyer must advise you in writing of any additional charges for such work as soon as it becomes apparent.

Some practices may agree not to charge a fee if a transaction does not go ahead, others will charge a proportion of the agreed fee, depending on the stage at which the transaction fails. You will, in either case, still be responsible for any costs the practice has had to pay to others (for example the cost of obtaining a search on the property).

The costs of probate services

The costs charged in a probate matter may be calculated in a number of different ways:

1. a fixed fee
2. a number of difference fixed fees for carrying out different pieces of work
3. an hourly rate
4. a rate determined by the value of the estate (calculated at the date of death)
5. a combination of the above

What if I am disappointed with the service I receive?

It is important to say that, each year in England and Wales, over 1 million houses are bought and sold and there are roughly one-third of a million probate applications. Only a small number of those transactions will give rise to serious problems service, but help is at hand should you need it.

Here’s what to do.

Step 1 – Don’t let a worry fester

You should always raise any concern with your lawyer first. Very often, they will be able to put the matter right quickly and easily.

 Step 2 – If necessary, make a formal complaint

If your lawyer does not deal with your concern to your satisfaction, you should make a formal complaint. Your lawyer should have given you details of the firm’s complaints policy, which will tell you how to do that.

Very often, your complaint will be dealt with by somebody at the law firm who is not the lawyer you have been dealing with. This is to make sure the complaint is considered objectively.

Step 3 – Still not satisfied? Tell the Legal Ombudsman

If you are not satisfied with how your lawyer handles your complaint, you can take it to the Legal Ombudsman. You can find out more here.

What if I have lost money because of my lawyer?

Again, this is a rare event, but lawyers have insurance to protect clients from a wide range of losses. The standards of that insurance, called Professional Indemnity Insurance, are set by the CLC.

You should discuss the loss with your lawyer, and they will tell you what steps they plan to take. If you are not happy with their proposal, you should contact the CLC.

If the lawyer you used is no longer in business, their insurance is still in operation for six years after closure. After that period, or if insurance is unable to cover the loss you have suffered, you may be able to apply to the Compensation Fund that the CLC operates for such cases. Find out more here.

What if I have a serious concern about my lawyer’s professional conduct?

If you are worried that your lawyer is not conducting themselves professionally to meet the standards set by the CLC, you should let us know so that we can protect you and other clients. Find out more here.

Be Cyber Streetwise

Whenever you are using email or online services of any kind, you need to be aware of the risks of cybercrime. Property and probate transactions, where large sums of money change hands, are attractive targets for criminals.

You can find out how to protect yourself on the government website Cyberstreetwise 
and through Take Five to Stop Fraud that is run by the banks and other agencies.