Why conveyancing firms are being asked to evidence governance, not just follow process

Conveyancing has long relied on established processes, professional judgement, and trusted communication between parties. Increasingly, however, firms are finding that process alone is not enough under external scrutiny.

When disputes or losses arise, reviewers ask not only what process existed, but what evidence shows how that process was applied at the time.

The growing scrutiny on property transactions

Property transactions attract scrutiny from insurers, regulators, lenders, and courts. In that context, reliance on informal communication channels can create ambiguity around authority and accountability.

Reviewers commonly ask:

Which instructions were relied on?
Who issued them?
Whether those instructions later changed
What evidence exists of reliance at the time

The fragility of email and document-based workflows

Email and PDFs were designed for communication, not as systems of record. They lack inherent guarantees of integrity, authority, and timing.

As a result, firms often discover that evidence exists, but is:

Distributed across inboxes and file stores
Not time-fixed or versioned
Difficult to assemble under pressure
Open to challenge after the event

Why governance evidence matters for professional liability

Professional indemnity insurers and courts assess whether reliance on information was reasonable. That assessment increasingly depends on the quality of contemporaneous evidence.

Clear, immutable records of instructions and acknowledgements help establish defensibility without undermining professional judgement.

What proportionate evidence-based governance looks like

Evidence-based governance does not require replacing existing workflows. In practice, it involves:

Clear identification of authoritative instructions
Time-stamped records of issuance and reliance
Explicit acknowledgement where appropriate
Evidence suitable for external review

Why this shift is accelerating

As fraud, disputes, and claims increase in complexity, conveyancing firms are being judged less on intent and more on what they can demonstrate.

About this briefing

This briefing reflects discussions with conveyancing partners, risk leads, and insurers examining how governance expectations are evolving in property transactions.