It is important that an interview is conducted between the client and his conveyancing lawyer so that all issues related to the purchase are discussed thoroughly. The following article discusses the issues that are to be dealt with after the interview.
The following article discusses the things to be done after the interview.
Attendance note
As soon as the interview with the client is completed, the conveyancing lawyer should prepare an attendance note detailing the issues discussed during the interview, the instructions received and the advice given, along with a note of the time spent for the interview.
Confirming instructions to the client
The conveyancing lawyer should make things as unambiguous as possible by confirming the instructions in writing immediately after the interview. It should contain a full transcript of the things that happened during the interview, including a repetition of the instructions and the advice given by the conveyancing solicitor.
It should include details about the cost; confirm actions required to be performed by the conveyancing solicitor, besides reminding the client about actions to be performed by him. In order to ensure that the letter is in complete compliance of the SRA Code of Conduct, it must mention details of the person who is dealing with the client in the solicitor’s firm and the person who should be contacted in the event of a complaint regarding the conveyancing solicitor’s services.
Letters to other parties
The conveyancing solicitor should contact the representatives of other parties including the other party’s solicitor, the lender, as well as the client’s estate agent. The letter should be in the form of an introduction where the solicitor informs the other parties that he has been instructed by the client and will contact them in due course.
Subject to contract
The phrase ‘subject to contract’ is no longer mandatorily required to be added for all correspondence before entering the contract. This is due to the provisions of the Law of Property (Miscellaneous Provisions) Act 1989 where it is unlikely that the client may unintentionally form a contract by letter. However, it is advisable that all pre-contract correspondence include the phrase.
Telephone call
When a letter is not sent, it is alright for a conveyancing solicitor to make a telephone call to the third party, but the same should be recorded by means of an attendance note. This is because contact should be established with all parties concerned, and any method of doing this quickly is acceptable. In fact, sending fax or email is also preferred as a method of communication. These are increasingly favoured when compared to outdated methods like letters by most conveyancing solicitors.
The estate agent
It has already been discussed that the solicitor should send letters of introduction to third parties including estate agents. It is also advisable that the conveyancing solicitors should seek details of the sale from the estate agent and make a note of this in the client file. Information about the area of the property to be sold, details of the fixtures and fittings, etc. often forms the subject matter of such a record.
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