Thursday, October 26, 2006

Lawyers vs Conveyancers - the appeal

The LIV, of which I have been a paid up member since 1988 or thereabouts, is appealing their loss in the Supreme Court case of Maric.

Their loss is quite embarrassing for the legal industry, against what in effect was an action against the Conveyancing Institute and its members. Conveyancers effectively practically broke the Lawyers' monopoly on conveyancing a long time ago.

The LIV justification for appealing is to get a ruling on the definition of legal work.

For the life of me I fail to see what the LIV hope to achieve by obtaining a ruling on legal work when there is now a whole new Act with a different definition of legal work. It is such narrow thinking when on the other hand they talk up a national profession.

I was at the Southern Solicitors dinner when Tony Burke, who is a representative of the LIV, says its in the interests of the broader profession to obtain this ruling. I wonder if it is really and have they obtained the members view. I haven't been consulted.

I would be pleased to hear the official view from the President or the CEO of the LIV.

What outcome does the LIV expect from an appeal? The answer lies not in an appeal but effective lobbying to the Government to ensure conveyancers are restricted to conveyancing and in my view this should not include advice on mortgages, leases or sale of businesses.

As a suburban lawyer whose practice is mainly conveyancing I am looking to the future, not the past. The future of conveyancing will belong to those that excel at conveyancing based on service and price (and not necessarily the lowest price).

As this is a site dedicated to digital and electronic conveyancing the future moreover will belong to those that embrace change.

1 comment:

Anonymous said...

It seeems to me the LIV are of touch with their members or at least those members who are in the 21st century by at least 6 years!!!!