The inference of Paul Rogerson’s In Business feature titled ‘Surveying the damage’ (see [2010] Gazette, 13 May, 14), is that the recession is solely responsible for the dire straits which many hundreds of law firms up and down the country now find themselves in.
No doubt the recession has had a part to play, but the profession’s standing has been damaged more substantially by government legislation. Every piece of legislation affecting solicitors which the former Labour government introduced over 13 years worked contrary to the interests of high-street solicitors and, in most cases, contrary to the interests of the public – home information packs being just one example.
The now compulsory use of form IHT205 in small estates has added to the cost of probate work and caused delays. Dematerialisation is a recipe for rampant fraud and was introduced without consultation, presumably by a government minister who knew nothing about conveyancing practice.
The Mental Capacity Act 2005 is the worst piece of legislation I have seen in 30 years in the law, involving as it does an enormous administrative burden and expense for the hapless client. I might also mention land transaction return forms (introduced without consultation), and the introduction of unpaid additional duties and hazards for solicitors arising out of the anti-money laundering regime.
Let us hope that the new government will be more sympathetic to the legal profession. I am delighted to see that there are 19 new solicitor MPs.
Tom Cathcart, Birdsall & Snowball, Filey, North Yorkshire
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