There is no one way in dealing with risks. It is best to find ways and avoid any risks.
Conflicts are Everywhere
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You may be acting for a friend or family member in some matters, put relationship aside and ask yourself:
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would this affect the matter?
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can it affect your judgement?
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is there a direct interest to you/firm?
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Does your firm have a conflicts checking system?
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Keep a database of all clients with their details.
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Run a conflicts check with all (legal and support) staff of the firm.
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Make sure to include any new staff of your firm in case they had prior dealing with the potential client.
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When you have taken up the matter, inform the staff members and include it in the client’s database.
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Obtain a written waiver if you are acting for purchaser and financier.
Communication is Key
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At the initial meeting with the client, make sure the client understands the job scope that you will be handling for the client.
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Prepare a retainer letter listing the work scope of your work for the client.
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Have written confirmation before executing any verbal or third party instructions.
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Keep your client informed on the progress of the matter at relevant stages.
Checklist in Conveyancing
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Conduct proper searches on the land:
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on status of land and whether it is possible to change with the consent of the state government.
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ownership of land - when taking up the matter and before releasing the monies.
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Do a caveat to protect the interest of your client.
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Confirm the ownership of the land and your client. Run an identity check:
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identification card;
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second verification: driving licence, utility bills etc;
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seek authority, embassy etc.
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Use Bar Council’s Practice Area Checklist for Conveyancing.
Verify Identities
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Request for a second set of identification (ie latest utility bills of the property, driving licence etc) to affirm the identity and/or ownership of the land/property.
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Make sure relevant parties involved in the S&P Agreement is present and signs the documents in your presence.
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Do a search with relevant authorities, ie National Department of Registration, foreign embassies.
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Confirm particulars in the identification produced are the same as in search results.
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Always have sight of the original identification documents. Should you receive a temporary identification document, ensure to run proper checks with the relevant authorities.