Types of protocol

Solicitors should be aware of the requirements in the various pre-action protocols implemented under the Civil Procedure Rules which apply to particular kinds of litigation. In accordance with the Civil Procedure Rules, the court will expect all parties to have complied in substance with the terms of an approved protocol. The protocols are available from the Department for Constitutional Affairs.

The Law Society has also developed several protocols which provide guidance on best practice for solicitors. While it is not required that these protocols are followed, they do define best practice guidance and may be used by a court to judge how a solcitor has performed in any given situation. The current best practice protocols issued by the Law Society are the Family Law protocol and the Conveyancing protocol.

Family Law protocol

This protocol was published by the Law Society in January 2002. It has been drafted by the Law Society’s Family Law Committee with the support of the Solicitors Family Law Association (SFLA), the Lord Chancellor’s Department (LCD) and the Legal Services Commission (LSC). It comprises a series of protocols - the main protocol, dissolution of marriage, children (private law), ancillary relief, cohabitation, domestic abuse and mediation.

When first launched, a copy of the Family Law protocol book was distributed free to every family lawyer. You can order a copy of the latest book, which contains supplementary appendix material, by contacting us.

Conveyancing protocol

This protocol was first published by the Law Society in 1990 to help streamline and speed up the conveyancing process in sales and purchases of domestic freehold and leasehold property. It aims to ensure that the buyer’s solicitor is provided with all the legal information about a property as soon as possible after an acceptable offer has been received.

The fifth edition of the protocol is published in the Law Society’s Conveyancing Handbook 11th edition (October 2004) and in A Guide to the National Conveyancing Protocol (available from February 2005). The TransAction Forms which accompany the protocol are available from legal stationers such as Everyform, Laserform, Oyez, Peapod, and Shaw & Sons.

You can also contact us for information regarding copyright and reproduction of these protocols.