Trends in Residential Conveyancing
Charging for undertakings
We have become aware of a very small number of solicitors who have started to charge their clients for each undertaking entered into during the course of the retainer. Sometimes this is used a method for providing a low quote for fees and boosting costs as the matter progresses.
Firms that seek to charge in this way tend not to make it clear in advance whether undertakings are likely to be required and how many undertakings are usually entered into. This information should be clear from the outset in most standard conveyancing transactions.
The obligations that most conveyancing undertakings create are not difficult and, in most cases, require a solicitor to carry out work that is already a routine and basic part of the conveyancing process. The Law Society's "Code for Completion by Post", which is used in most residential conveyancing transactions, contains several undertakings.
To give the best information possible at the beginning of the retainer, firms should be providing details of expenses that are likely to be incurred.
Where a firm chooses to charge for giving undertakings the client should be advised at the beginning of the likely number of undertakings involved and cost implications. Failure to deal with matters in this way may result in us ordering the firm to waive the charges for the undertakings.
