A recent episode of Panorama exposed some of the potential risks of not using a lawyer when drawing up a will. Specialist will writers are unregulated and, if anything goes wrong, consumers have little protection. To make matters worse, it isn’t the person who commissioned the will who suffers the consequences of malpractice, it’s usually the loved ones to whom they bequeathed their estate.
Will writing isn’t the only legal activity which can be undertaken by non-lawyers. In fact many legal activities can be undertaken without instructing a lawyer, including suing someone. You can even represent yourself in court, if you feel inclined to do so!
Go on the internet and you’ll find plenty of DIY legal kits and guides telling you how to undertake legal activities yourself. For people on a tight budget, saving money by cutting a lawyer out of the equation is very tempting, but it’s usually a false economy because if anything does go wrong they have no safety net or fall-back position.
Lawyers are regulated by the Solicitors Regulatory Authority, are fully insured and covered by the Solicitors’ Compensation Fund, which protects consumers if mistakes are made. Using a solicitor is like buying a car with a warranty, rather than from a bloke you met in the pub.
The arguments in favour of using a solicitor are exactly the same as the arguments for using a professional mortgage adviser. We’re both regulated, properly trained and if anything does go wrong, consumers are protected. When talking to your clients about conveyancing, wills and other legal services, it’s worth bearing these important points in mind.