In his recent letter, David Pearl suggests that failure to carry out local authority searches is evidence of a lowering of standards (see [2008] Gazette, 31 July, 7).

As is clear from the CML Handbook, a number of lenders (including the Halifax) accept personal searches. The Council for Licensed Conveyancers (CLC) expects licensed conveyancers to advise clients fully on all aspects of the service, including making them aware of their limitations, before applications for personal searches are made and provided that is consistent with lenders’ instructions. Licensed conveyancers are reminded of this expectation when the CLC provides tailored guidance to practitioners as part of its regular cycle of conveyancing practice inspections.

If a client suffers as a result of any culpable failure on the part of a licensed conveyancer, that client may: make a complaint of poor service to the CLC; make a claim in negligence which will be dealt with under the licensed conveyancer’s professional indemnity policy; or, as a last resort, apply for a grant from the CLC’s compensation fund.

In acting for clients there are a number of areas where different approaches may be acceptable. The fact that some practitioners adopt different practices from Mr Pearl is not in itself evidence of a ‘wider malaise’ or ‘lowering of standards’.