I was on the Law Society Council when the change in the referral fees rules (see [2006] Gazette, 2 November, 22) was introduced and at the immediately preceding meeting when it was soundly thrown out. None of the safeguards promised by the proponents of the change has worked and all of the fears of the opponents have come to pass.

Indeed, things have been exceeded. If anyone had suggested at either meeting that the change would result in a family practitioner offering a hairdresser referral fees in relation to potential divorce clients who shared confidences while under the drier, they would have been laughed out of Chancery Lane.


The Office of Fair Trading threat was a red herring and, because of the inclinations of a narrow section of the profession, it was never challenged. It was always clear that the restriction was in the public interest and now we have the evidence.


The then Law Society President, when asked (at the time the proposed change was rejected) if the old rule would be enforced, replied that the then chief executive had informed him that the resources were not available. It was obvious that if there were neither the resources nor the will to enforce the old simple rule, there was no possibility of enforcement of the new complicated one.


It is hardly surprising with professional standards as they are, solicitors' firms have little to offer that cannot be obtained through banks (or supermarkets when they arrive).


Richard Wiseman, general counsel M&A and project finance, Shell International, London