Unregulated Legal Services
Posted on: 01/08/2023
Category: For you
It’s well known that certain aspects of legal work can now be carried out by businesses and organisations other than solicitors. Ostensibly this was to provide greater competition although there is a good argument that it forms part of longer term social policy to weaken the “influence” of the “fat cat” professions. Prior to deregulation of services the legal profession warned about the potential unintended consequences such dumbing down leading to poorer service, pressure selling, reduced quality, lack of compliance and rip off.
Consumer complaints have led the Competition and Markets Authority (CMA) to announce an investigation into unregulated legal services, such as will-writing and "quickie" divorces. The CMA is investigating experiences with firms offering these services over concerns that not all are complying with consumer protection law.
“Customers” (in the modern legal world regulatory language has for years been used to undermine the concept of the lifelong client) 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. However, where these services have no overall supervising regulator it becomes even more important for consumer protection law to be complied with and, where necessary, enforced. In an era of pop up shops and here today gone tomorrow traders there are further risks around client (….or customer) money and the safekeeping of documentation.
Three main areas of concern provided by unregulated services have been identified.
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.
The CMA has indicated that it will be looking into firms using these practices.
It’s worth pointing out that if consumers want to avoid that kind of mess with their personal affairs, they can do it by using a well-run solicitors’ firm like SME that is truly interested in forming a long-term holistic client relationship. Where the adviser has a real interest in looking after the long-term interests of a client there is no incentive whatsoever to use short cut hit and run sales techniques.
At SME Solicitors we aim to be with clients for the long term. It’s the best way.


Ian Stirzaker
If you have any questions or queries, please contact Ian Stirzaker on +44 1905 723561 or by email at ian.stirzaker@smesolicitors.co.uk.