WIQS: Taking the client's perspective

Like the Conveyancing Quality Scheme (CQS) before it, there are two aspects to Wills and Inheritance Quality Scheme (WIQS). The first is that it will encourage and maintain standards within member firms. The second is that the WIQS badge will provide consumers of legal services with a clear point of differentiation in the market.

Philip Guise writing in this Journal in September said that "a Will Writing Quality Scheme is only a poor substitute for making will writing a reserved activity". WIQS was conceived before the lord chancellor's decision not to make will writing a reserved activity and presents an opportunity for solicitors who are highly trained, insured and regulated, to promote the quality of their work by getting behind a brand which differentiates them from other providers in the legal market. Some will say that 'solicitor' should be the brand, but WIQS is part of the solicitor brand and can leverage the brand of solicitor further for the benefit of specialist firms.

There are already established individual accreditation schemes in the private client sector, including STEP and SFE. Both of those membership bodies base their accreditation on the expertise of the individual applicant. They are both highly regarded organisations and those of us involved in creating WIQS have been grateful to STEP and SFE members for their input into the process. Indeed the WIQS application form takes account of membership of STEP and SFE. However, WIQS is not an individual scheme. Indeed, my own view is that there would be no point in the Law Society introducing another individual accreditation scheme to the market.

Rather, WIQS will be a quality badge for the firm itself. The protocol at the heart of the scheme differentiates WIQS from individual accreditation schemes in that it places enforceable obligations on member firms. When firms sign up to the scheme, they will sign up to the protocol and the annual re accreditation process will ensure that only those which continue to adhere to the protocol will continue as members. Any entity authorised and regulated by the SRA will be able to apply. Information will be obtained about inter alia the financial viability and PII claims history of the firm. Successful applicants will have to demonstrate that particular individuals in the firm working in both will writing and estate administration have the requisite experience and expertise. Clearly membership of the individual accreditation schemes highlighted above will greatly assist in that regard.

I acknowledge that the WIQS protocol is unashamedly long. Some have said it places a burden on those drafting wills which could make it uneconomic and this could allow non WIQS firms to price their services more competitively as a result. However, I believe that the protocol needs to be substantive to set out the essential requirements and will genuinely differentiate WIQS firms from other providers. It will help the public understand what they need to weigh up and consider when engaging legal service providers. We have all met the client who just wants "a simple will" but of course in the end many situations require more than that. I believe the protocol will enable member firms to take clients through the full offer when it comes to will writing, from the genuinely simple to the more complex, so that consumers understand that just like buying a car there are different models available.

The Legal Services Board recently commissioned Optimisa Research to look at understanding consumers who don't use, don't choose or don't trust legal service providers. The findings of the report published in April of this year were that factors affecting the use of legal services are many but a significant driver was found to be "expertise". So we need WIQS to be synonymous with expertise in the mind of the consumer. If that happens the outcome of WIQS for the consumer will be confidence in that instructing WIQS firm they will be taking advice from an expert sitting within a firm which delivers excellent client service.