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ARTICLE · 24 SEPTEMBER 2013

Risk management for property professionals - how to avoid being sued

Property lawyers and conveyancers must learn to be consistent in their approach to risk management.

AustraliaReal Estate and Construction

In brief - Learn to recognise the situations which can lead to claims

Property lawyers and conveyancers must learn to be consistent in their approach to risk management, provide letters of engagement stating who is (and who is not) the client, be clear on the scope of the advice they are providing, document any changes in the retainer and carry out identification checks when executing documents.

Why do lawyers and conveyancers get sued?

I have been working in professional indemnity law for over 20 years. My job is to defend professionals who get sued. Most of the professional negligence claims I have dealt with have arisen from conveyancing and lending transactions.

The case studies I am going to describe are not hypothetical, they are all real cases that I have dealt with. This article is about what the solicitor or conveyancer might have done differently and possibly avoided the claim.

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