Whatever their differences, insurers and solicitors have at least one thing in common -- an interest in solving clients' problems.
David Lough, the managing director of the Finance and Investment Services Division of Kent-based law firm Cripps Harries Hall, says: 'There should be a meeting of minds between insurers and solicitors because we have a client with needs for which we have to find a solution.
Part of that solution may be a product being offered by an insurance company which, in turn, has to be responsive to the client's needs'.
Equally, there is plenty to divide them.
Mr Lough says that: 'Insurers produce a lot of material and spend a lot of money on their marketing.
I don't blame them for that because they have a stable of products to sell, but we don't allow insurers to push their products onto us'.
Ian Mereweather, the Pensions Manager at Salisbury-based law firm Wilsons, emphasises: 'We have to be independent and approach the problem from the client's point of view.
We are not driven by the insurers'.
In any event, Bronwen Still, the head of policy in the professional ethics division of the Law Society, points out that the solicitors' practice rules state that solicitors should not do anything 'which compromises or impairs .
.
.
the solicitor's independence or integrity .
.
.
[or] the solicitor's duty to act in the best interests of the client'.
She argues: 'Solicitors are free to obtain information about the different policies on the market and keep themselves informed, but solicitors should not be used to push policies.
Each client has to be treated as an individual and the solicitor has to work out what is best for them'.
So how are solicitors supposed to obtain the independent information they need to advise their clients without relying on the insurers' glossy publications? One answer lies in membership of an organisation like Solicitors for Independent Financial Advice (SIFA) or the Association of Solicitor Investment Managers (ASIM).
Ian Muirhead, SIFA's managing director, explains: 'One of the services we provide is a review of insurance products.
We also have a software package with details of all life and pension products which can do a multiple sort using up to 120 criteria'.
The drawback is that not everyone can join.
Membership is restricted to solicitors qualified to give advice on financial services or investment matters.
Christopher Jones-Warner, a director of investment management at Bircham & Co and a director of ASIM, emphasises that solicitors have to be properly qualified and to have passed a set of exams to give investment advice.
As far as the non-regulated market is concerned -- which includes just about everything except investment products -- solicitors do not need any specific qualifications before advising a client.
In those circumstances, Ms Still says: 'If the solicitor thinks he is suitably informed and has sufficient knowledge of what is best for the client, then there is nothing to stop h im from giving advice'.
Otherwise, she suggests that solicitors refer the client to an independent broker, rather than give the advice themselves.
Jonathan Sacher, the chairman of the British Insurance Law Association and partner in charge of the insurance group at City solicitors Paisner & Co, agrees.
He says: 'Whatever the circumstances, solicitors still have a duty to act impartially and in the best interests of the client.
The rules are strict and solicitors have to set out all the angles and get as much information as possible for the client'.
For their part, insurers use a range of marketing tools to plug their products, with varying degrees of success.
Peter Brocklehurst, the senior underwriter at Legal & Contingency Ltd, an underwriting agency which writes risks on behalf of insurers, complains: 'We send a lot of mail-shots to solicitors and go through the law directories and write to them, but it is far from ideal.
It is just chance whether it goes in the bin or not.
A lot of our business, therefore, comes from word-of-mouth recommendation and individual presentations that we make to firms'.
Not surprisingly, the insurers try to push the idea that their products are as much in the interests of the solicitor as those of the client.
Mr Brocklehurst points out that: 'If the solicitor cannot get insurance for his client, then sometimes there will be no transaction which means no fees for the solicitor'.
For instance, his firm is just about to re-launch a policy offering increased cover -- up to £16 million -- against judicial review applications in planning matters.
He explains that: 'If a developer comes along having got planning permission for a site and does not want to wait six weeks to see whether there is a judicial review application against that decision, the solicitor can arrange a policy with us.
That way the transaction goes ahead and the solicitor keeps his client'.
Stephen Sykes, the legal director of Certa (UK) Ltd, an underwriting agency which specialises in the provision of tailor-made insurance cover against land contamination, agrees.
'The lawyer can use the insurance as another tool to ensure the transaction goes ahead which enhances his profile with the client,' he says.
'We do not send out standard contracts, which means the lawyer can review the contract to make sure it meets the client's requirements and in that way continue to service his client'.
Much of his firm's business comes from word-of-mouth recommendations, as well as seminars and a quarterly newsletter to more than 1,000 lawyers who specialise in environment, corporate and property law.
In addition, both Mr Sykes and Andrea Muirhead, Certa's senior solicitor, have access to a unique network of solicitors, having been environmental lawyers in private practice themselves.
There is no reason why insurers and solicitors should not work together to their mutual benefit, if the end product satisfies the needs of the client.
The right insurance package can enhance a solicitor's relationship with his client, but whatever he offers, the solicitor needs to be sure that it is the best deal on offer.
CONTACTSAssociation of Solicitor Investment Managers tel: 01892 870065 Solicitors for Independent Financial Advice tel: 01372 721172 British Insurance Law Association tel: 0171 417 4411 Certa tel: 0171 903 6500 Legal & Contingency tel: 0171 488 2626
No comments yet