LAW SOCIETY: “WILL WRITERS SHOULD BE QUALIFIED” by Shirah Real

The Law Society has launched a campaign in an attempt to ensure Will writers undertake examinations and obtain recognised qualifications before being allowed to offer their services to consumers.

The campaign will include lobbying the Lord Chancellor and the Legal Services Board for support in order to warn the public about the potential risks, financial and otherwise, of using unqualified Will writers. The Law Society are also asking for a parliamentary Motion on this issue as well as providing online campaign tools to help solicitors and the public share their concerns with their Member of Parliament.

Linda Lee, the Law Society President, said: ‘The fact that most problems are detected after the individual has died is a strong argument for establishing a robust regulatory framework. Many of those calling themselves Will writers may have purchased a franchise to do so, and are free to prepare Wills without any training or insurance protection. Five years ago, the then government called for voluntary regulation of Will writers, but since then we have only seen more and more consumer detriment as a result of there being no regulation. The system must be changed to protect the public”.

Although many consumers and solicitors alike will agree with this sentiment they may also feel that it is “too little, too late”.

If you have had a Will prepared and would like a free of charge review please contact Shirah Real on 01276 681217 or e-mail: shirah.real@brooks-partners.co.uk or Jackie Stewart at jackie@brooks-partners.co.uk

Are you a Victim of Professional Negligence? by Deborah Prance

This area of law covers disputes concerning the work of a professionally qualified person such as a surveyor or valuer, a doctor or surgeon, an accountant, financial adviser, barrister or lawyer, to name but a few examples.

The law of negligence exists to enable people to sue for damages in respect of their losses arising from an error or breach of an individual’s legal duty to take care for whatever reason. Professional people, in undertaking work or providing advice, are expected by law to show the average amount of competence of someone within that profession. If they fall short and this causes a loss to the person for whom they undertook the work, that person is entitled to sue for damages in respect of their loss.

The Civil Procedure Rules incorporate a Pre-action Protocol which needs to be followed in respect of any Professional Negligence Claim (except where it concerns an architect, engineer of quantity surveyor in which case the Pre-action Protocol in relation to Construction and Engineering disputes should be followed). The aim of this, as with all Pre-action Protocols, is to facilitate a settlement of the claim without the need for court proceedings. This provides for a detailed Letter of Claim setting out the facts on which the claim is based, the allegations of negligence and an estimate of the financial loss suffered. The letter requests that the matter is referred to the professional’s insurers. The professional/his insurers will then have three months to investigate the claim and indicate whether liability will be admitted. If liability is not admitted, consideration should be given to alternative dispute resolution.

Deborah Prance, head of our Dispute Resolution Department, has many years’ experience dealing with these matters and is able to provide expert advice in solving Professional Negligence claims. If you consider that you might have a claim against a professional, please contact Deborah Prance.