Reporting to the client

As far as I was aware, reporting to the client was something every firm did. It seems, however, that many don't and, during a time of increased insurance premiums and claims (especially in conveyancing), I wondered why this may be. But if all conveyancers reported to their clients, conveyancing claims would be reduced and, who knows, maybe insurance premiums would go down.

My firm's policy is that the client signs a copy of the Land Registry or lease plan as confirmation that they are happy with the boundaries of the property as they are on the ground. This is normally produced to the client with the report on purchase and other documents requiring signature.

The idea is that the client will only sign the contract and other documents once they have read the report and are happy to proceed with exchange and completion. As such, it is also our policy to ensure that the client signs and returns one copy of the report as confirmation that they have read it and is happy to proceed. The report deals with issues such as the property description, title matters, restrictive covenants, property searches, additional enquiries, property information forms and the mortgage offer.

The report gives the conveyancer one more chance to review the file and flag up any issues which may have been missed previously. It can also be used to draw the client's attention to matters which they may not have fully comprehended previously.

It is also a tool that can be used when the client instructs you that they are happy to accept a situation which may be against your advice. For example, your investigations reveal that the neighbour currently uses a path through the back garden to put his bins out. This is not a formal right but is something which the seller says has gone on for years without incident. Your client says he is happy to leave things as they are despite your advice to either formalise the access or object to it and prevent the neighbour obtaining a specific right of access.

So, in the report you highlight the matter again and confirm to the client that to proceed is against your advice. However, you also state that by signing and returning the report he confirms that he accepts the situation, is aware of the risks and that he still wishes to proceed against your advice. Some years later, your client has a new neighbour who is now using the path as their main access route at all times of the day with various people. Unfortunately, because of the time that has passed, the neighbour now has a right and your client is stuck. The client cannot claim that you did not advise him or that he was not aware of the access because it is all in the report, which he signed. This is just a basic example but the principle is sound.

So, there is no excuse for not watching out for yourself or your firm. There is even a sample report to refer to in the Conveyancing Handbook. Make sure that you have a reporting mechanism in your conveyancing procedure, save a template to your computer system or even case management software to produce it at the push of a button. It is that easy and it may just save your job.

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