The last 12 months have been very ­difficult for conveyancers. They have faced low volumes of transactions caused by ‘mortgage famine’, and ­consumer anxiety about the economy generally. This has been exacerbated by estate agents’ increasingly aggressive attitude towards referral fees.

Undoubtedly, the most difficult issue during 2010 has been the reaction of lenders and qualified insurers to the discovery of significant amounts of mortgage fraud which has led to claims against solicitors. This has resulted in the image of the profession – in the eyes of both lenders and ­qualifying insurers – suffering serious damage. The unhappiness of lenders and qualifying insurers is serious. While, for a number of reasons, ­solicitors’ culpability in mortgage fraud in the property market has been exaggerated, it is a problem that needs to be addressed to avoid terminal ­damage being done to many firms. While lenders have faced substantial losses from mortgage fraud over recent years, it is unfair to portray solicitors as the major cause of these losses. Unregulated mortgage brokers, valuers and bad lending practices are the main contributors. Qualifying insurers have been particularly badly hit by fraud claims because, where a mortgage broker, valuer, or member of the public is involved, it is often only the solicitor who has worthwhile professional indemnity insurance and who becomes the obvious target for both the blame and the claim.

It is going to take some time before these claims work their way through the system and before blame can be properly apportioned to those actually responsible.

In the meantime, it is crucial that the majority of the profession takes steps to protect itself from those solicitors and firms that fall short of the standards which the rest of us consistently strive to achieve.

It is not enough for firms individually to be able to manage risk, as clearly many firms already do. It is now ­necessary for firms to show that they have in place adequate and proper procedures to identify, and as far as possible remove, the risk of fraud and negligence from the conveyancing process.

Helping the profession, particularly small firms, to demonstrate to lenders, consumers and insurers, that they have effective risk assessment processes is one of the major reasons behind the launch of the new Law Society Conveyancing Quality Scheme.

Quite apart from trying to drive out those firms that have done so much damage to our reputation, it is important in the competitive market we have that good firms, which provide real value for money and a quality service, can distinguish themselves from those that do not do so. It is crucial that good firms of whatever size are able to compete on quality and not just price with sub-standard firms.

The idea of a Law Society Quality Scheme is not new for solicitors. There are a number of successful schemes that enable firms and individual solicitors to aspire to high standards, take a pride in what they do, and market themselves as true experts providing a quality service.

In my view, the ability to demonstrate this quality has been sorely missing from the conveyancing market in recent years.

Under the new scheme, firms will be able to complete an application form which has been the subject of careful thought and discussion with both lenders and qualifying insurers. The application will be assessed against a risk-based points system developed by the Law Society in conjunction with the Council of Mortgage Lenders and the Association of British Insurers. Those firms that have high risk profiles, because of negligence claims, complaints, or poor business methods, will not achieve membership. Those that do pass the test will be able to use the new logo and enjoy the promotion of the Conveyancing Quality Scheme brand.

The scheme is not intended just to be a short-term plan to deal with the current problem of demonstrating proper risk processes. It is intended to develop a trusted community of competent firms, properly managed, providing a good-quality service to consumers. This will enable the Law Society to introduce some much-needed reforms in the conveyancing process, such as the development of e-conveyancing, which can only satisfactorily work where all solicitors measure up to these high standards.

Some lenders have indicated that they would expect any firm of solicitors on their panel to be a member of the Conveyancing Quality Scheme and this will be a prerequisite of anybody seeking to go on to the panels in the near future.

It must be made clear that merely getting CQS will not automatically mean either entry to a panel or re-instatement to a panel where a firm has been removed. However, as the market picks up, and lenders find it necessary to increase their panels once again to provide proper coverage across the country, those firms with CQS will be pivotally positioned to go back on the panels. Similarly, it is unlikely that qualifying insurers will offer a discount on PI insurance. But as the market continues to be difficult, it is clear those firms with CQS will find it easier to get cover and more competitive quotes than those which are not members.

I appreciate that becoming a member of the scheme and obtaining CQS will be time-consuming and inevitably has a cost. However, having been involved in many of the problems of the market in recent years at the highest level in the profession, I am satisfied that the Law Society must put in place a proper scheme in which members who meet the required standards, and who are genuinely interested in providing the highest quality of service to their clients, can separate themselves from those who simply cannot measure up to the standards required by both the market and ­consumers.

If the Law Society does not have such a scheme, then there are many others who will. These other schemes will not be based on the fair principles on which the Law Society’s scheme is based, but will be designed by the scheme owners to maximise their profit, and will probably only be open to those firms that have substantial financial resources to pay large entrance fees and inevitably referral fees.

The Law Society Conveyancing Quality Scheme provides a real opportunity for the profession to reassert itself in the conveyancing market.

Paul Marsh is a consultant at Downs Solicitors, Godalming, Surrey, and a former president of the Law Society