A major development in the legal sector following the confirmation that the Law Society CEO Ian Jeffery and President Nick Emmerson successfully overcame a vote of no confidence during the Special General Meeting (SGM). The meeting, which took place on July 23rd, addressed growing concerns within the profession, particularly surrounding the new TA6 form.
The motion of no confidence was defeated with 207 votes against, 123 in favour, and 20 abstentions. The vote reflects the divided opinions within the community over the recent actions and decisions taken by the Law Society.
At the forefront of this vote of no confidence is the new TA6 property form, which has been causing significant concern for lawyers and conveyancers.
TA6 Form – The Key Findings From Law Society Vote
The SGM was convened following widespread dissatisfaction among conveyancers about the new TA6 form. The Property Lawyers Action Group (PLAG) published a detailed briefing note highlighting several key issues. These included the risks of prosecution for solicitors due to potential inaccuracies in the TA6 form and the perceived lack of consultation before its implementation.
The Law Society of England and Wales had previously announced the postponement of the updated fifth edition of the TA6 form and launched a consultation to address the backlash. Initially scheduled for mandatory rollout in June, the introduction of the form has been delayed. Both the fourth and fifth editions will be acceptable under the Conveyancing Quality Scheme protocol until the consultation concludes on January 15, 2025.
The TA6 Property Information Form is a form designed for sellers and conveyancers to gain valuable insight and information on a property which they can share with prospective buyers. The form asks detailed questions that must be answered truthfully and honestly but there big questions surrounding the current form and future form which is leading conveyancing firms to analyse potential risks and mitigate those to protect their firm.
Reactions from the Property Lawyers Action Group and The Law Society
PLAG has expressed numerous concerns regarding the Law Society’s recent actions. A PLAG representative articulated these apprehensions, noting that many solicitors view the Society’s decisions with great concern. They highlighted the formation of PLAG due to these issues and criticised the Law Society’s engagement with the Digital Property Market Steering Group, which they believe compromises client confidentiality and data security.
In response, CEO Ian Jeffery acknowledged the concerns and emphasised the Society’s commitment to constructive engagement and reform. He admitted that the Society had launched the fifth edition of the TA6 too early and promised a thorough consultation process to rebuild trust. Jeffery stated, “We should have communicated more than we did, and we understand the strength of feeling. We’ve now launched an extended round of consultation with no predetermined outcome.”
Opinions within the conveyancing community remain divided. Some members have criticised the Law Society for not adequately consulting with solicitors before implementing changes. A member of the National Council suggested that the Society’s secretive approach had led to the current issues, advocating for more transparency and openness.
Addressing Liability Concerns & The Next Steps
The Head of Legal Services at the Law Society addressed concerns about increased liability for solicitors due to the revised TA6 form. After obtaining legal counsel, the Society is confident that the revised form does not alter the fundamental principles governing liability for misrepresentation. The Head of Legal Services assured members that the perceived risk of increased liability has not materialised, noting that there have been no reported prosecutions of solicitors for breach of material information rules since 2008.
The vote of no confidence has underscored the ongoing tensions within the conveyancing community regarding recent changes. While the Law Society leadership has acknowledged missteps and committed to a more inclusive consultation process, it remains to be seen how these efforts will address the underlying concerns and restore confidence among its members. The extended consultation on the TA6 form will be a critical step in this process as the Law Society seeks to navigate these challenges and rebuild trust within the profession.
