I read the recent article by Sebastian Fox relating to the Clementi Report with some consternation (see [2005] Gazette, 3 February, 31).
Mr Fox's conclusion is that firms should move away from areas where new entrants are likely to provide better, faster and cheaper services, such as residential conveyancing and simple wills and probate, because large retailers will be very good at providing these services that are standard, more complex and repetitious, as this replicates their existing business models. He suggests that supermarket law firms will find it much more difficult to provide complex bespoke advice on, for example, inheritance tax planning - and existing firms should consider developing a niche or specialism in an area that cannot be easily replicated.
That demonstrates an unfortunate attitude towards the services provided by thousands of solicitors' firms around the country in conveyancing, wills and probate work. Some conveyances, wills and probate may be simple, but many are complex and involve both legal knowledge and careful management of the case.
For the government to allow non-qualified or semi-qualified persons loose on such fields of law would do as much disservice to the public as has been done by allowing the myriad firms of claims farmers loose on personal injury law.
All that has happened in the personal injury field is that solicitors are forced to pay huge referral fees to get work, which they are in any event carrying out on a no win, no fee basis.
Our profession has become uniquely insane in offering the public something for nothing, and now we are all fearful that the government is going to allow companies with unqualified or partially qualified staff to offer even more for nothing.
To suggest that the thousands of law firms in this country should try to seek more profitable 'niche markets' is like a doctor telling a patient who is suffering from depression that he should pull his socks up and get on with it.
While it may be possible or even easy for large corporate firms to seek and find new profitable niche markets, how are the thousands of smaller firms, on which the vast majority of the public relies, to do this?
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