However laudable the sentiments, the hopes of John Morgan (see [2004] Gazette, 29 July, 15) will not be realised in the short term. The Law Society does not treat traditional conveyancing as a priority area for practice maintenance, let alone research and development.


The sustainability of small practices is under pressure that feeds our regulators' (and Sir David Clementi's) enthusiasm for volume producers with employed solicitors. This practice model relies on meeting volume targets rather than quality standards.


Educating public expectations is not a role the Law Society is yet prepared to embrace with either its regulatory or representational hat on, but it is left to private practitioners to organise - a task they cannot realistically hope to fulfil.



Our regime of model regulation contrasts with government policies for estate agents, which remain distinctly laissez-faire agents, being epitomised as mere 'sales assistants'. This is now confirmed in the 22 July Department of Trade and Industry statement made by the consumer minister, endorsing the current negative licensing system supported by the Office of Fair Trading in its March report, but proposing a beefing- up of enforcement procedures alongside the introduction of a compulsory consumer redress system. This may take years to become effective and be circumscribed in scope, but it does at last admit that prosecutions cannot be mounted effectively where there is no compulsion on holding records. Compulsory training is not mandated but the tail may eventually wag the dog as agents will need to be trained in how to complete audit records that qualify as accurate and complete.



Solicitors can rejoice in all this as they retain the 'high ground' of sound regulation at a time when the public will be required to 'trust' someone to prepare an accurate home information pack before they can market residential property for sale. Solicitors have an opportunity if, for once, they learn to co-market and come together to communicate with their market with a collective voice.



Michael Garson, Law Society Council member for residential conveyancing, London