header-logo header-logo

21 May 2010
Issue: 7418 / Categories: Legal News
printer mail-detail

Referral fees do not harm clients, says LSB

Report warns regulation could see return of `creative schemes’
Clients are not suffering on quality or cost as a result of referral fees in conveyancing and personal injury, a Legal Services Board (LSB) report has found.

Referral fees are prevalent in both areas. The LSB is considering the Law Society’s call for referral fees to be banned, and is expected to make a decision in the summer. Lord Justice Jackson also called for a ban on referral fees in his final report into the costs of  civil litigation published earlier this year.

The cost benefit analysis, carried out for the LSB by Charles River Associates, found that while referral fees for conveyancing have increased, conveyancing fees paid by the consumer have not. Neither was quality affected. The report states: “Evidence on the number of complaints is low, customer satisfaction is high and the speed of transaction appears to be faster for those who pay referral fees.”

The report warns that banning referral fees could lead to a return to the situation seen before 2004 where “creative schemes” were used to get around the restrictions.

Referral fees in personal injury have risen from about £250 per case in 2004 to about £800 today, the report found. However, there was no evidence that this had led to an increase in the price of legal services. Most personal injury cases are “no win no fee”, and the majority of motor cases go through prescribed cost and fast track regimes.

Since there was no evidence of detriment, altering referral fees for personal injury work would be unlikely to bring benefits, the report concluded.
Endorsing the report’s conclusions Andrew Twambley, senior partner, Amelans, says: “Jackson LJ regards referral fees as the cornerstone of a huge problem....increased litigation costs. Personally, I do not pay referral fees, but if I did I would be making a commercial marketing decision in respect of my business. Gone are the days when I might sit and wait for local people to pop in with an injury claim. Times have moved on.

“I am a director of injurylawyers4u, the UK’s leading solicitors’ marketing consortium. Since inception we have dealt with over 200,000 calls from injured clients and haven’t had any complaints about members contributing to the marketing cost. As long as the client is made aware of the arrangement, he doesn’t care as it in no way affects him.”

Issue: 7418 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll