2 General Compliance – How Do You Rate? Client Care Letters & Terms of Engagement.
85% Registered with Information Commissioner’s Office (DPA) 95% Registered on the Exempt Professional Firm (EPF) Register 85% of websites are non-compliant In the last 5 years: 95% of Client Care letters we have reviewed were not compliant 74% of firms did not have file review processes in place Only 5% of the 26% that did have a process followed through corrective action Some later Statistics: 94% were not complying with the Bribery Act 86% were not complying with the Equality Act 56% offered no internal training for staff e.g. data protection, conflicts of interest, equality and diversity
“Regulated by the Council for Licensed Conveyancers” Link to CLC CoC Old references removed…? List of Managers VAT No CLC or Company No 4
Confirm instructions… Day to day contact..? Title of case worker or authorised person; Who has overall responsibility - name and title; Confirm Assistants & Title Assistants. 5
Fixed cost or estimated charges based on hourly rates; State which searches include / do not include VAT; IF TT Fee is not purely costs, any fee element should be in Fees. 6
Abortive fees? Complaints Who to complain to? Referral Agreements Next steps? ID required Cheque for searches… Signed copy Terms of Engagement 7
Contents Page; Complaints Procedure; Who to complain to…. Details of Legal Ombudsman Complaints about bills Procedure available on request. Outsourcing information; Firm’s cash limit; Frequency of invoices; Payment terms; interest for late payment. 8
AML requirements List A / List B Proceeds of Crime Act 2002 Equality and Diversity Insurance mediation, CLC regulated Disclaimers Tax advice, planning in property transactions, environment. 9
– Name your Bank: Client Account deposits; – Limit of Financial Services Compensation Scheme now £85,000 per individual or Small Business (FSCS); – Check their own bank for chain of ownership; – Authority to disclose information to FSCS ; – Doesn’t cover all Clients.
Replaces the Distance Selling Regulations 2000 and the Cancellation of Contract etc Regulations 2008. For contracts entered into on or after 14 June 2014: – Cooling off Period extended to 14 days; – Failure to notify properly extends Cancellation Period up to 12 months; – Off premises contracts; – failure to provide all information is a Criminal Offence.
Compliance Health checks – spotting gaps and getting you on road to full compliance; Compliance Audits/Support; Support all sizes of firm; File Reviews – outsource…; Assist firms in obtaining recognised industry standards; Legal Eye Quality Standard; 12
Suitable for firms of Licensed Conveyancers, Solicitors and providers of legal information Comprehensive legal standard that includes all the compliance, quality and risk management areas law firms must adhere to It is currently the only legal standard available to firms of Licenced Conveyancers 13
Ensure all outward facing documents are compliant. Client Care letters, Terms of Business, Stationery and Websites 14
Visit our stand for: Free website review- already completed & waiting for you; Free Mini Health Check of your CCL & ToB’s; Free Copy of Risk Assessment. Helen Glaze firstname.lastname@example.org 07976 253431
COFA related solutions to ensure compliance with your financial reporting requirements. An effective integrated strategic marketing toolkit for firms. An Engaging and practical sales approach for all size firms to maximise on potential. Professional consulting and accredited training solutions for legal professionals.