Be sure before disbursing trust money

19 October, 2018

When acting as stakeholder, you need to check that any conditions for disbursing the money have been strictly met and keep appropriate documentary evidence. In one claim, a practitioner acted for a company that was to be nominated by an affiliate as the purchaser of a property for development. The client needed to raise capital […]

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Go back and check!

12 October, 2018

When drafting documents to formalise previously agreed arrangements, how careful are you to go back and review your client’s instructions and relevant documents such as heads of agreement? Relying on your memory or making assumptions is fraught with risk. In one claim, a practitioner drew a suite of documents for the seller of a business […]

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Risk management essentials for lawyer directors

21 September, 2018

Serving on a company board can be rewarding for practitioners in various ways. However, when taking on a directorship, including for a non-profit, you need to be aware of the risks including the potential for the separate roles of director and legal adviser to become blurred. Any lawyer director needs to consider whether they are […]

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Email instructions in relation to payment of a bank cheque – what would you do?

14 September, 2018

You are handling a property settlement for a vendor and receive a bank cheque at settlement made payable to the client for the net proceeds of sale. You send an email to the client confirming settlement and advising that you are holding a bank cheque for the client. You receive an email reply asking you […]

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Are your lender clients secure?

31 August, 2018

Are your lender clients secure? Failing to put in place proper security for lender clients was one of the most costly mistakes in our mortgage claims in the last policy year where the total mortgage related claims accounted for 19 per cent of the cost of all claims. We have recently updated our Keep managing […]

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