Law Society noticesMisleading charges for local searchesJoint statement by the Office for the Supervision of Solicitors and the Law Society's conveyancing land law committeeSome solicitors' firms request a payment from clients on account of local search fees that is significantly higher than the amount actually paid or due to the local search agents.A firm of solicitors has been severely reprimanded by the Law Society's compliance and supervision committee after it was found to have sought 80 for a local search from clients when only 60 was being paid to the local search agency.

The concern is that this represents a secret profit and is misleading to the clients.

Clients are clearly given the impression that the actual fee is 80 when in fact it costs the firm only 60.It is understood that some firms try to get around this difficulty by arranging for the local search agency to pay the full amount of the fee and then refund 20 as 'commission'.

The intention is to take advantage of the de minimis provisions in Law Society practice rule10.

The compliance and supervision committee disapproves of this practice, which is misleading to clients.

The profession's reputation is damaged by solicitors requesting payment from clients of a disbursement which is clearly costing the solicitor less than the clients are told.

The committee views this as a breach of practice rule 1.The conveyancing and land law committee supports the compliance and supervision committee's view.

In addition it reminds the profession of the limitations on personal searches and the fact that some lenders will not accept them.

The accuracy of a personal search depends on the ability and diligence of the searcher.

It is not guaranteed by the local authority.

If a personal search is undertaken, clients should be told of this and advised of the limitations on personal searches and their possible implications.