Solicitors Certificates - Legal Practitioners' Liability Committee

Solicitors certificates are fraught with difficulty if practitioners do not treat them seriously and have good systems in place. We regularly see claims where the client alleges they received no or inadequate advice about mortgage or guarantee they were entering into but the lawyer says they did give advice. Invariably there is not sufficient written evidence to show what that advice was.

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Establishing identity

Conveyancing, Mortgages, Solicitors Certificates, Verification of Identity 09 Oct 20

This LIJ article looks at the recent case of C&F Nominees Mortgage Securities Ltd V Karbotli & Ors [2020] in which the Court found reasonable steps to verify identity were not fulfilled and provides some key takeaways for lenders and their legal advisers.

Solicitors’ certificates – risky business in COVID-19

Solicitors Certificates, Verification of Identity, Professional Responsibility 07 May 20

In the current financial environment requests for practitioners to advise on loans and guarantees, particularly from second and third tier lenders, appear to be increasing. Providing solicitors’ certificates in these matters is risky at the best of times, but where there is uncertainty about future financial and property market stability and clients under severe financial stress, extreme care needs to be taken.

Seven ways to avoid a solicitor’s certificate claim

Solicitors Certificates, Professional Responsibility 08 Jun 18

Providing a solicitor’s certificate for a borrower or guarantor is risky. It is essential to treat it as providing professional advice and not just witnessing documents.

Only use solicitors certificates that comply with rule 11

Solicitors Certificates 16 Feb 18

We regularly receive calls from practitioners raising issues about a lender, usually a bank, with the most common being the use of solicitors’ certificates which do not comply with rule 11 of the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015.

Video conferencing risks

Solicitors Certificates, Cyber security, Verification of Identity 01 Sep 17

Video conferencing is a prime example of changing technology affecting the way lawyers do business. Years ago it was only available for large companies and now everyone carries the capability in their pocket.

Solicitor’s certificate basics

Solicitors Certificates 01 Jul 16

This article covers the basics practitioners need to know when dealing with solicitor's certificates.

New rule old forms – giving a solicitor’s certificate under the new practice rules

Mortgages, Solicitors Certificates, Professional Responsibility 03 Jul 15

With the introduction of the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015 practitioners should no longer provide certificates of advice for borrowers and guarantors to lenders other than those referred to in rule 11.

Video Conferencing in the COVID-19 era

Will Making, Powers of Attorney, Solicitors Certificates, Verification of Identity, Engagement/retainer management, Professional Responsibility 11 Jun 20

In this current environment when we are all trying to minimise contact with other people to avoid the spread of COVID-19, this alert highlights some risk management issues around video conferencing, especially for witnessing wills and solicitors certificates.

Bankruptcy limitations

Conveyancing, Tax, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Beneficiaries, Mortgages, Personal Properties Securities, Solicitors Certificates, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to bankruptcy.

Solicitors certificates for borrowers or third party guarantors checklist

Mortgages, Solicitors Certificates 28 Aug 20

A checklist to help legal practitioners manage risk in mortgage matters.

File note - meeting to advise about a guarantee

Solicitors Certificates 21 Dec 17

This file note is designed to be used by practitioners when they are advising third party guarantors and providing a solicitor's certificate of their advice.

Bankruptcy limitations

Conveyancing, Tax, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Beneficiaries, Mortgages, Personal Properties Securities, Solicitors Certificates, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to bankruptcy.

Solicitors certificates for borrowers or third party guarantors checklist

Mortgages, Solicitors Certificates 28 Aug 20

A checklist to help legal practitioners manage risk in mortgage matters.

File note - meeting to advise about a guarantee

Solicitors Certificates 21 Dec 17

This file note is designed to be used by practitioners when they are advising third party guarantors and providing a solicitor's certificate of their advice.

Solicitors certificates – are you being heard

Solicitors Certificates, Professional Responsibility 01 Jul 19

Seminar from 2019's Risk Management Intensive. Presented by Heather Hibberd, Chief Risk Manager, LPLC.

Solicitor's certificates - why are you borrowing the money?

Solicitors Certificates, Engagement/retainer management 18 Nov 15

Do you ask your borrower client why they are borrowing the money when they come to you with loandocuments? We know some practitioners don’t.

It seems they think it’s not part of their retainer to understand why the client is borrowing the money or theythink it might be drifting into the realm of financial advice if they do ask, or both. And both reasons arewrong!