Law and Tax

This weblog is by Robert Newey, English Solicitor and Chartered Tax Adviser. HEALTH WARNINGS: These notes are necessarily simplified. Also, tax law and practice can change very quickly. Always take detailed, specific advice before taking, or deciding not to take, action.

The Lexcel Quality Mark

Robert Newey & Co has been awarded the Lexcel quality mark. This is a practice management quality mark developed by the Law Society.

The Lexcel standard currently has eight sections:

• Structures and policies;
• Strategy, the provision of services and marketing;
• Financial management;
• Facilities and IT;
• People management;
• Supervision and operational risk management;
• Client care; and
• File and case management.

The Lexcel standard tries to ensure that matters are dealt with consistently and that nothing is overlooked. There is an annual assessment by an external assessor to ensure that the practice complies with all the requirements of the standard. Particularly for a small, specialist practice I believe this is a desirable discipline - and should be reassuring to clients and potential clients.

From the point of view of a legal practice, one advantage of Lexcel is that its requirements equal or exceed the current professional rules. The annual assessment gives reassurance that the practice is compliant in the areas assessed. At the same time the standard goes much wider than the professional rules, requiring practices to plan ahead, to think through their needs and to monitor their performance.

Arguably the standard could be particularly helpful to small practices. I can vouch for the fact that setting up the necessary systems takes a lot of time and effort. I do believe, however, that now that the standards are in place it will be easier to work more efficiently. Unpredictable client needs and peaks and troughs of work are part of professional life. With better systems, however, there should be less need to drop everything for “firefighting”. That should have benefits, both for the practice and for its clients.

07 July 2006 in The business of law | Permalink | Comments (0)

Client identification

Until March 2004 solicitors did not generally have to take specific, formal steps to identify their clients. Now they must, if they are involved in financial or real estate transactions. Anyone giving tax advice must also do so. This is a requirement laid down by Parliament. Anyone who fails to comply risks criminal prosecution.

This can lead to some peculiar situations. For example, you may have acted for a member of a group of companies for a long time. From time to time someone you have always dealt with explains that there has been an internal reorganisation and the client is now a different group member. In those circumstances you have to go through the identification process all over again. This can be hard to explain to the client.

The process is time-consuming, both for the client and for the advisor. Company search agents are now coming up with electronic reports, drawing on publicly available sources. They are offering these reports on individuals as well as companies. The aim is to show who you are and where you live.

Several thoughts spring to mind:

• There is a cost to the whole process, which is a barrier to the provision of legal services. Presumably, however, this is thought to be a price worth paying in the public interest.

• Perhaps we should each bear in mind how much information about us is publicly available.

• Search agencies are—justly—doing well out of the process.

19 May 2006 in The business of law | Permalink | Comments (0) | TrackBack (0)

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