The solicitors who contacted the Committee about this have indicated that it is their view that the bank’s letter implies that this initiative is in conjunction with the Law Society.  For the avoidance of doubt, the Committee wishes to indicate that:

• It has no connection whatever with the setting up of the bank’s panel.
• It has not agreed to the bank using the Law Society’s certificate of title documentation in relation to the operation of this panel.
• It does not approve of these new procedures as the documentation produced by the bank departs in significant respects from the agreed certificate of title documentation for residential mortgage lending by introducing additional requirements.
• It believes that clients should be free to engage their own choice of solicitor without that solicitor being required to comply with any bank’s requirements other that what is agreed under the certificate of title system.
• The bank’s referral of borrower customers to a bank panel of solicitors suggests that there is a relationship between the panel solicitors and the bank, whereas the certificate of title system specifically provides that there is no solicitor/client relationship between the borrower’s solicitor and the lender.
• Membership of or admission to a bank’s panel is not a requirement for any solicitor to practice.
• The bank did not approach the committee at any time in relation to either the setting up of the panel or the bank’s unilateral imposition of additional requirements beyond those agreed under the  certificate of title system.
• As part of these new procedures, the bank is introducing an emailed loan pack for solicitors to print off.  The committee recommends that solicitors:

1. should not take on the risk of any liability for errors or omissions in printing or collating the bank’s pack of mortgage documentation 
2. should not take on the print and paper costs of same
3. should call on the bank to provide them with hard copies of the agreed package of certificate of title documentation in all cases

• There are also potential IT issues for firms to consider.

The Conveyancing Committee has asked the bank to cease operating outside the agreed certificate of title system insofar as residential mortgage lending is concerned.

We will keep the profession updated on this matter.

Law Society Conveyancing Committee