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The future of conveyancing…NOW!

Dominic Cullis, MD of Easy Convey, discusses the need for law firms to implement e-conveyancing sooner rather than later and highlights some key elements that need to be considered

 

When Easy Convey was founded in 2000, I remember being extremely proud of our motto that came to me while driving home late one evening. ‘The future of conveyancing now’ was not only a genuine belief in that what we were doing was pioneering but I also believed that the day would come when the conveyancing process would almost exclusively rely on electronic communication. Seven years on from that advertiser’s apparition, I find myself witnessing the impending introduction of Home Information Packs (HIP’s), a paradigm shift in the way that law firms are increasingly doing business (or need to do business), and I can honestly say that this day is now upon us.

 

There is no debate about the implementation of e-conveyancing; it is going to happen, needs to happen and needs to be implemented now! Practically speaking, in order to change any working practice you need a great deal of time to implement new procedures. There are always many elements to master in new systems as well as the need to retrain staff, react to initial teething problems and not to forget the period of transition that always needs to be considered when switching from one process to the next. All these factors can be alleviated, or their effect greatly reduced at least, if e-conveyancing software programmes are installed in preparation rather than in response. I believe the old adage is to be ‘proactive’ rather than ‘reactive’ and this is certainly the case with e-conveyancing.

 

The aforementioned paradigm shift in the way that law firms are doing business is in keeping with the need for e-conveyancing and is very much a transfer from the traditional client, lawyer relationship to that of a business-to-business, lawyer, estate agent relationship. Law firms will need to communicate electronically with all parties within the home buying and selling transaction and therefore it is absolutely key that firms build relationships with the property professionals; something again that takes time and needs to start now. Estate Agents, law firms, lenders, home inspectors etc. all need to be on board and communicating effectively.

 

In the future when the Land Registry’s e-conveyancing service is in operation, it will not be possible to be a property lawyer operating in a traditional office environment. It is vital that all firms master electronic service delivery, but admittedly it is easy to get lost amongst the constant usage of the letter ‘e’ in front of traditional practices such as conveyancing. It is of the utmost importance that traditional methods of communication are maintained within law firms, as after all, people buy from people and I know that I certainly communicate in different ways with my grandmother than I do my sister. In my opinion, the best conveyancing practice will be a local firm, with local knowledge, utilising the fact that they have a lawyer on hand for personal client contact, who is additionally able to communicate effectively electronically and is proficient at doing so. All clients are of course different and in the case of younger and working clients, who rely more on email and mobile phones for communication, software needs to be able to integrate with mobile phone networks to send SMS messages and Microsoft Outlook or Exchange to send emails.

 

It is also worth noting that in the case of email, the integration needs to be two way. Email should be both able to be generated inside the case management software and able to receive an email that, if it contains an attachment, is able to extract the data and store it directly in the matter history.

 

The importance of electronic data transfer cannot be understated due to the time critical nature of the ensuing HIP’s and subsequent changes to the home buying process. Under the current system, completion is not the end of the sales transaction as over the succeeding weeks the registration process takes place and the lawyer deals with any requisitions from the Land Registry. However, the Land Registry is currently creating a system whereby after the implementation of the electronic conveyancing service, registration will coincide with completion and thus arguably increase the speed and efficiency of the process.

 

Furthermore the laws governing Home Information Packs outline that the pack is required to be prepared within ten days, meaning that all searches, home condition reports, energy condition reports, feedback from clients regarding the property etc. is highly time critical. This highlights not only the immense benefit of being able to communicate effectively electronically but also the importance that building relationships with property professionals and the need to get these markers in place now.

 

E-conveyancing is all about information, transparency of exchange and communication to all parties involved. One of the main benefits associated with e-conveyancing is the ability to always know and be informed of any potential problems that lie in the chain. As a result of the chain matrix there is complete transparency throughout. All the key stages of the sales process form part of the Land Registry’s e-conveyancing chain matrix and these are:

 

·         Contract issued / Contract received and validated

·         Searches requested

·         Enquiries raised

·         Satisfactory searches received

·         Enquiries completed satisfactorily

·         Finance arranged

·         Contracts released / exchanged

I would suggest however, that any software implemented in a law firm should ideally interface with the Land Registry chain matrix whereby a step completed in the workflow of the law firm’s case management software would automatically update the Land Registry’s chain matrix and thus save the firm a great deal of time and data entry – another key aspect of e-conveyancing as all data should initially be keyed once by the agent and then used wherever required.

 

One of the main reasons I understand why firms are delaying their implementation of e-conveyancing is that they believe its future is ambiguous. One way to alleviate this concern is to find a software supplier that is committed to providing a product that is able to evolve to meet the ever-changing demands of e-conveyancing. After all, it is of course in the interest of the supplier to meet legislative changes, technological changes and indeed the evolving needs of the client.

 

I believe that the ideal solution for a law firm implementing e-conveyancing would be to have elements of the solution installed and operated from the firm’s offices. This maintains higher degrees of confidentiality and security over web-based alternatives and a greatly increased speed of communication. Only certain information is required outside of the law firm and this can be accessed though an online case tracking service and seamless integration with complementary related services provided by the other property professionals.

 

These last two points demonstrate the importance of choosing the right e-conveyancing application. With the impending transfer into electronic conveyancing, many software manufacturers are developing conveyancing strands to their programmes which may not provide your firm with all the necessary elements that an efficient e-conveyancing programme needs. The following is a broad checklist to follow when considering an e-conveyancing solution provider. The service needs to:

 

·         Automatically produce an accurate fee estimate within seconds

·         Have complete integration with all service providers that make up e-conveyancing (NLIS, HM Revenue & Customs, Home Inspector, Estate Agent, Lender, Client)

·         Have letter, document and form creation using information from the database

·         Be able to merge database information where appropriate on the official forms

·         Have a suite of tailorable letters, forms and documents

·         Be able to edit letters, documents and workflows to mirror current style of practice

·         Have the ability for e-submission of SDLT to HM Revenue & Customs

·         Have the ability to send SMS text messages from the Matter

·         Be able to integrate email with Microsoft Outlook and Exchange

 

The overlying message in the case of e-conveyancing is that law firms need to implement the solution now and build relationships with all parties involved within the house buying and selling process. The future for this industry only points to more developments in technology and a greater emphasis being placed on communication. An example of this can be seen through OneMove. OneMove™ is a pioneering firm which serves as the coordinator for all parties involved in the sale process, making sure the customer is kept fully up to date with their move and ensuring that the Estate Agent, Solicitor, even the removal company, are all contacted and dealt with, swiftly and accurately by a personal move consultant.  OneMove™ also provides its clients with a BlackBerry mobile phone so they are always available to check the status of their sales and easily contactable via email and SMS. With such an example in mind and seeing that conveyancing is your entire business, can you afford not to implement an e-conveyancing system? The future of conveyancing is in the present.

 

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