On 24 July 2023, the Competition and Markets Authority (CMA) announced an investigationinvestigation into unregulated legal services, such as will-writing and “quickie” divorces, following consumer complaints about such services. The CMA is keen to hear about people’s experiences with firms offering these services over concerns that not all are complying with consumer protection law.
Customers now have many alternatives to conventional law firms from which to receive certain legal services, especially where the adviser does not need to be a solicitor. Such alternative providers often offer services that are cheaper and marketed as being more convenient for consumers. Often such providers can use tech in a more innovative way as well. However, where these services are unregulated, it becomes even more important for consumer protection law to be complied with and, where necessary, enforced. Also, where a provider ceases to operate, there is a risk that customers’ money or important documents, such as their will, may be lost.
Three main areas of concern provided by unregulated services have been identified as:
Will-writing, including consumers being misled by advertising which hides the true final cost and offers a very low initial fee, pressure selling and coercion of vulnerable customers and the use of potentially unfair contract terms (exclusions of liability, no cancellation rights and executor appointment for a hidden fee).
Pre-paid probate plans, where customers pay set fees upfront for probate hoping their families will not be required to pay anything else when they die. Concerns include the use of pressure selling techniques on elderly and vulnerable consumers, lack of transparency about costs, and the sale of unsuitable plans actually leading to a delay with probate.
Online divorce (so-called “quickie” divorces), including misleading claims about both the simplicity of the process and prices, inefficient communication with customers and inadequate quality of service, such as using the wrong forms and sending papers to court late.
Solicitors, unlike unregulated providers, are bound to comply with the Solicitors Code of Conduct and are heavily regulated, which means you as a consumer are much better protected. Of course, not every solicitor is good and not every will writer will breach consumer rules. It is important to pick the right people.
If you’re looking at having a Will written, probate help or a divorce and are looking for a great solicitor, then speak with me and I’ll make some recommendations.
Written by Steven Mather, a business solicitor acting on company sales and purchases. This is general information about the law, not legal advice on your situation.
