Scottish solicitors vote against separate representation

A move to introduce separate representation for domestic conveyancing transactions north of the border was decisively defeated yesterday at a Law Society of Scotland special general meeting.

The vote was eagerly anticipated by conveyancers in England and Wales, some of whom saw it as a reaction to bad treatment at the hands of lenders.

Responses to a consultation on the issue published last month suggested that the Scottish property market was split down the middle on the issue, with 51 per cent against change.

However the move was defeated by a wider than expected margin, with a total of 847 conveyancers against the proposed rule change and only 671 in favour, with one abstention.

Yesterday's vote followed a decision by the Scottish society's AGM in March when members voted in principle for separate representation.

Bruce Beveridge, president of the Law Society of Scotland, said there had been a "mood change" within the profession since the earlier vote.

"The issues around separate representation were originally raised by solicitors who had concerns about the requirements placed on them by the banks and building societies, and which they believed were increasingly onerous and could compromise their relationship with the buyer client.

"That led to a vote in March this year for the Society to bring forward a specific rule change to the special general meeting.

"There has been a huge amount of work done in the interim and we have consulted widely with solicitors, the banks and their representative body the Council of Mortgage Lenders, and consumer interest organisations."

Beveridge said responses to the consultation highlighted the strength of feeling on the issue and the "sensitivities and complexities" involved.

"It remains the case that homebuyers are generally unaware that their solicitor also has to provide specific legal advice to the lender and we will have to consider what we should do to ensure that all clients are clear about the duties and responsibilities of solicitors to both the housebuyer and the lender."

The Law Society's regulatory committee will now consider the issue and what further work should be done.