header-logo header-logo

Referral fees do not harm clients, says LSB

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

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll