Independent Regulator

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Guidance Note for lawyers

The Legal Profession Act 2007 provides that a function of the Board is to advise the legal profession on appropriate standards of conduct and to monitor and identify trends and issues that emerge within the profession.

Increasing numbers of complaints received by the Board over the last 12 – 24 months relate to probate, estates and wills. A principal allegation of those complaints is in relation to costs or legal fees, perceived issues of overcharging and allegations of a failure to communicate to beneficiaries and/or executors about costs.

In an effort to provide guidance to the profession in relation to appropriate standards of conduct, the Board has developed a Guidance Note for lawyers relating to the provision of itemised bills to beneficiaries in estate matters. It is hoped that the Guidance note will assist in educating both the profession and the public in this area and reduce complaints made to the Board.

A copy of the Guidance Note is located here.