Between 1925 and today, something changed in property. Legal enthusiasts will know the first date marks the passing of the Law of Property Act which established the laws of transacting properties and is still in use today. But in every other aspect, oh how things have changed.
Back in 1925, it must have seemed like sunny uplands and a brave new world with all those street parties and people dancing in the fountains in Trafalgar Square. I might be confusing this with VE Day, but the sentiment to make things better was clearly there.
However, things didn’t quite work out like those legislators thought it would – speak to anyone involved in the process today and frustration will be the most common description.
But what is noticeable is that, like in many other areas of society today, what should be a positive experience has been polluted by angry emails and phone calls combining threats, incriminations and finger pointing.
THE SQUEAKY WHEEL GETS THE GREASE
Firstly – let’s be clear – having run a law firm for nearly 20 years during which time we have helped many thousands of people move house, I understand the frustrations involved.
What I don’t understand is the trend we have seen since the pandemic for people involved in the process to think that the best results are obtained by intimidating and aggressive behaviour.
“Clearly, in that situation, a few strong words should put Grandpa back in his seat.”
That said, there are certain circumstances where it can work. Such as facing down a drunken 80 year old who’s had too many glasses of Guiness and is looking for a fight with anyone who disagrees with Nigel Farage’s gunboat English channel scheme. Clearly, in that situation, a few strong words should put Grandpa back in his seat.
However, beyond physical threatening situations, the use of aggressive language, especially when dealing in a situation that requires understanding and interpretation, such as home buying, really doesn’t work.
Given that it’s safe to assume that an agent doesn’t look in the mirror first thing and think to themselves ‘Today, I’m going to call a lawyer five times and write several aggressive emails explaining how incompetent they are’ why is it, as I saw first-hand last week, do these situations arise?
It could be a belief that the concept of “the squeaky wheel gets the grease” rings true in property transactions, but in my experience, it doesn’t.
If anything, it has the opposite effect – resulting in lawyers re-prioritising the matter – or more bluntly, putting it to the bottom of the pile. Which of course, compounds the problem further resulting in even more frustration.
THE SOURCE OF THE ISSUE
One of the factors why this approach is taken could be due to how work is obtained in the first place.
Such behaviour could be used as a threat of a risk to future business if the agent was either a source, or potential source of referrals.
I have experienced agents telling me in no uncertain terms that a problematic deal would result in them no longer referring work to us – even when they didn’t refer to us in the first place.
For agents who do refer work to lawyers, it is completely understandable to take the default position of threatening to terminate that relationship, to try and get a deal over the line.
The problem appears to be the assumption that every lawyer wants work from any source, so will be highly reactive to this threat to a future possible business relationship.
However, this thinking is rather flawed, because such an acrimonious approach is unlikely to encourage the lawyer to pursue a relationship with someone who thinks that that it works.
Indeed, the lawyer is more likely to focus on those cases where the relationship with the agent is better, once more compounding the issue.
FINDING THE ANSWER
We do need a reality check when it comes to how to get the best results out of the process.
Lawyers spend their day working in highly pressured environments where the ability to turn the other cheek is part of the job description.
If they were to respond to every provocation or dismissive patronising email from other lawyers, clients, agents or brokers, transactions would take even longer that than do today.
It’s worth looking back on those manic post-pandemic months, when the currency of the lawyer was at its highest, as their time became incredibly valuable for getting deals over the line.
Then, it became clear, those people who were supportive and understanding were more likely to get the time of the lawyer and their transactions through. This still holds true in today’s less certain markets.
Therefore, rather than assuming that lawyers will respond due to a fear of reprisals, anyone predisposed to angry emails and bullying and intimidation should reconsider their approach, because it simply does not work.
