We have been appointed by the Council for Licensed Conveyancers (CLC) as one of the Intervention Agents acting on its behalf.
We appreciate that as a client affected by an unexpected closure of a practice you will have lots of questions, and it is hoped that the content below will help to provide a little more information about what has happened and what you should do next. Our role in the intervention process is to provide guidance and support for any clients affected by an intervention.
Should you have any queries, please get in touch with us at clcinterventions@shma.co.uk or for further information on interventions visit the CLC’s website.
Who is the CLC?
The Council for Licensed Conveyancers (CLC) is a regulatory professional body that governs licensed conveyancers and probate lawyers. Just like solicitors are governed by the Solicitors Regulation Authority (SRA).
The CLC aims to protect consumers and foster competition and innovation in the provision of legal services by setting entry standards and regulating providers to deliver high quality, accessible legal services.
What happens once a practice has been intervened?
An intervention is the act of closing down a licensed conveyancing or probate practice by the CLC. The CLC will take possession of all active and closed files and take control of the client monies held. The practice will cease trading as a legal practice on the day of the intervention and clients will effectively become unrepresented.
On an intervention we support the CLC in effecting the intervention which may include the collection of documents, items and money belonging to the clients that were previously controlled by the closed practice. The CLC freeze the closed practice’s bank account(s) and arrange for the funds to be transferred to the CLC.
We will attempt to contact clients who have ongoing and current cases that were being handled by a closed practice to tell them that the CLC has intervened.
We work closely with the CLC’s archiving department to signpost clients who need to find a deed or other archived documentation held by the CLC.
In some situations, such as the firm failing to keep adequate accounting records, or losing or destroying documents, it may not be possible to return files and money immediately. We will however work with clients to assist them in this situation.
What we cannot help you with in our role as an intervention agent
It is important to highlight that our role as intervention agents does not mean that we have taken over the business and running of the closed practice. This means that we are not responsible for employees or trade creditors of the closed practice. To reiterate, our role is only in respect of the clients of the closed practice.
If you are a trade creditor of a practice that has been intervened, then it is important to note that the trade debts remain with the closed practice. If you are having trouble collecting payments of a trade debt, you should consider seeking independent legal advice and may also wish to speak to your insurer to see if you are covered for the loss.
If you were an employee of the closed practice, then it is important to note that the liability for your salary, references and the issue of a P45 remains with your employer. It is important to point out that the CLC and ourselves as intervention agents do not assume any rights or obligations about your employment position. Should you be facing any issues in respect of collecting salary due, reference or the issue of a P45 we recommend that you seek independent legal advice, speak to your trade union if you are a member or contact the Citizens Advice Bureau.
What should I do if my legal work with the closed practice was not finished?
If the practice that the CLC intervened was representing you on an ongoing legal matter that has not concluded, then you need to instruct a new firm to act on your behalf if you want to carry on with the matter. It is important to understand that Shakespeare Martineau does not automatically act as your lawyer in your matter.
Our team have been instructed by the CLC to support you with any emergency legal tasks, but you can choose any firm to carry on your case unless it is publicly funded by legal aid. In this case, we can only arrange for your file to be transferred to a firm with a Legal Aid Agency franchise in the appropriate area of law.
You can choose any firm you like to act for you. If you don’t know of another firm, then your local Citizens Advice Bureau may be able to help you. If you have internet access you can also search for a new firm on the following links:
Find a CLC lawyer on the CLC’s website here.
Find a solicitor on The Law Society’s website here.
If a file has been recovered for you and you wish to instruct a new firm or have this file sent to you, then you should contact our team on 0300 247 2470 or email us at clcinterventions@shma.co.uk.
If there are two or more of you named as clients, then you will need to agree where the file should be sent before we can release it. You will need to provide some identification to our team and, if your file is held by us, it will not cost you anything to have your documents sent.
We will do our best to identify all urgent cases as quickly as possible, but if you have an urgent matter, you need to contact us as quickly as possible on 0300 247 2470 or at clcinterventions@shma.co.uk.
What has happened to the money the closed practice was holding for me?
When a practice is intervened the money held in the closed practice’s client bank accounts is transferred to the CLC. The CLC will look at the closed practice’s accounting records to try to work out who the money belongs to. It is our role to support the CLC to try to return any money the practice was holding for you.
If the money transferred was a large amount for completion, or a deposit, you should contact Shakespeare Martineau in the first instance. Your file may have already been identified as urgent. If contracts have been exchanged then the CLC and Shakespeare Martineau will work to ensure that you complete your transaction on time.
If the closed practice’s accounts are not in order then it can be difficult to work out exactly how much money is owed to clients and to which ones. For this reason, it can take some time to return your money.
If we are unable to return all or part of the money that you are owed because it has been lost or taken by the intervened firm, then you may be eligible to apply to be reimbursed from the CLC’s Compensation Fund.
The CLC and our team cannot guarantee that you will get an award from the Compensation Fund as you must prove that the closed practice was holding your money and satisfy the CLC’s Compensation Fund rules. You can find out further information regarding the CLC’s Compensation Fund on the CLC’s website here.
What should I do if I owe money to the closed practice?
If you owe money to the closed practice for outstanding invoices, costs and disbursements then your liability to pay these is unaffected by the intervention.
If you have a payment to make please call us on 0300 247 2470 or email us at clcinterventions@shma.co.uk.
How do I raise a complaint about the service I received from the closed practice?
If you have a complaint regarding the service provided by a closed practice then you should contact the Legal Ombudsman directly. You will be able to find information regarding time limits on their website. You can contact the Legal Ombudsman by email on enquiries@legalombudsman.org.uk, by telephone on 0300 555 0333 or by post at:
The Legal Ombudsman,
PO Box 6167,
Slough,
SL1 0EH.
Please note, for anything relating to a live instruction we encourage you to call us so that we can signpost you in the right direction.
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