This topic has been discussed under the thread headed “Signing a Deed with the formalities of a Will” but I have started a new thread under a more appropriate title.
In response to Katherine’s question: When I set up the Trusts Discussion Forum, in 1998, I did intend it specifically for practitioners. In practice those most interested would naturally be STEP members but it was not limited to them. It was open for anyone to read. I would be sorry if that changed. That is also the view of Richard Vallat KC who now has responsibility for the Forum.
The Forum was moderated, meaning that I read posts before they went online and then forwarded them if of interest to practitioners. In practice most but not all posts were forwarded; I would not forward questions or answers which I thought were not of interest, eg off-topic, repetitious, or erroneous. Subsequently the Forum became ‘post-moderated’ meaning that posts are published immediately, unchecked. There is a small element of pre-moderation for new users who have also only been on the site for a short period of time, in order to deter spam, and inappropriate emails can be removed later (which happens only very rarely).
It seems to me that this system has advantages and disadvantages. An advantage is that discussion is quicker and livelier. The disadvantage is that a proportion of the posts are not of interest to practitioners. It may be that most members of the Forum prefer the present system, and it might be hard to find volunteers to do the moderating, which was enjoyable and worthwhile but a lot of work. But it may be that something could be done to ensure that the focus is on questions put forward by practitioners and so of interest to practitioners.
Alas, it is not possible to be “all things to all people”. There appear to be two different needs. One for “just professionals”, and another as a ‘free for all’. I would probably participate in both, but of more interest is the “just professionals”.
Perhaps something like this could be added to the profile page that people have to fill in before they can post:-
“This forum is for professionals involved in the relevant areas to discuss technical issues. It is not intended for lay people looking for advice. It is not possible for appropriate advice to be given in a forum such as this. Individuals looking for advice should seek advice from a relevant professional. You make wish to search here [link to STEP website/find a member] to find a suitable advisor.”
This way people are not excluded for say not currently being in practice, but equally it is clear that this is not the place for lay people looking for free advice, which in any event we simply cannot give in any meaningful way, other than telling them to go and see someone for full discussion, review of documents etc. If they really want free advice they could always try the CAB, although I think many would get short shrift in the circumstances they describe.
I am obliged for the forum founder(s) for their responses and can see there is a conundrum to be solved.
I would also second Sara’s excellent idea to perhaps clarify the intention of the forum without alienating the very valuable input of participants like Jack.
There could be a sticky post with a stock response which also states that questions from lay people will not be answered.
Then whoever first discovers a question from a lay person could copy and paste the response?
It does dilute things, I feel. And this forum is so helpful and so technical (thanks to the very clever posters!) that it would be a shame to lose it to a Reddit style free for all.
What constitutes a professional? I registered (fairly recently) because a web search generated a hit on the site. Some names are familiar, and I follow the posts (which I can understand) with interest. However, I am neither a lawyer nor a STEP member, and my interest and knowledge come from some 35 years of working with trusts, lawyers and tax practitioners.
Am I merely a knowledgeable lay person? Or am I a suitable participant in this forum? If the first, then it seems I might lose access. If the latter, where is the line between lay and professional to be drawn?
I am a CIOT member but not STEP, but deal with a lot of trusts/estates. I have STEP members in my firm/team.
I find this forum so useful to understand/look at “quirks”, which we all have.
If a “lay person” is after free advice it is up to members if they wish to respond or not? such members should identify themselves.
There could be a “separate” part that only professionals are allowed to see/join so we could keep our queries out of the public eye.
I have been a lay member of the forum for about ten years and often find something to inform or entertain myself.
My interest arises from two sources. From A level onwards, I found legal detail of huge interest, although never able to follow it as a profession. Older members might recall that 60+ years ago, becoming a barrister was not friendly to the economically disadvantaged.
My second source of interest has been that I always like to have a foundation of understanding when receiving the paid advice that I seek from professionals; my experience being that they do not always get it right.
I feel that it would be a shame if your professional concerns did not allow at least a an observer status lay membership.
I have to confess that I did once seek help on the issue of whether a set of related trusts needed individual bank accounts.
In case I find myself unable to post again, I would like to express particular appreciation for the postings of Mr Paul Saunders and Mr Jack Harper.
Neville
PS I have to confess that I did once used the forum to seek advice on the need for related trusts to have individual bank accounts. I did so because it seemed a matter of practice rather than law.
Neville, all very well said. I was very fortunate to emerge from a then unlikely location (Dockhead London SE1) in the sixties to be able to qualify as a solicitor by just using text books. No compulsory expensive course in those days. And having the greatly valued indulgence of Herbert Smith & Co to give me articles. Though now retired I love the law and read several new cases every day. I’ve never lost the fascination.
You exemplify why we should not in my view restrict access to the Forum. We just need to manage the expectations of members as to what the Forum can do.
