Lenders are free to instruct

Brian Marson (The Lawyer, 3 February) suggests that the Law Society seeks to control the instructions which lenders give to their solicitors, Not so. Lenders are as free as any client to intrust solicitors on the terms they wish. But that freedom can exist only when there is no risk of conflict with another client. When the solicitor is also representing the borrower, the society has a duty to ensure that lender's instructions do not lead to conflict.

Mr Marson also suggests that lenders may not use the borrower's solicitor if there are restrictions on the instructions they can give. Of course the lenders are free to seek other options. That is their right, But I am sure Mr Marson cannot intend to suggest that the Law Society should overlook the potential conflicts of interest because the lenders may otherwise refuse to continue with joint representation.



Kenneth Byass, Chairman, Property and Commercial Services Committee.