Solicitors Certificates, Mortgages & Guarantees – Risky Business

Sometimes, the simplest tasks can hold the greatest risk – this is certainly the case with Solicitors Certificates. Whether dealing with a “walk-in” or a long-standing client, Solicitors Certificates are loaded with risks, and due diligence is paramount when advising on and executing these documents.  

With time and cost limitations, proper execution can be difficult, not to mention client pressure to sign off on what they view as simple loan documents. 

This seminar will discuss key tips and traps in this nuanced area, including:   

• Establishing identity – are you taking reasonable steps?  
• Client advice and best practice file management.  
• Virtual signing and witnessing. 
• Conflicts of interest.  
• Duty to give clients third–party advice, e.g. financial advice – where is the start and end of your responsibility? 
• Time and costing the file.  
•  “Walk-ins” vs existing clients.  
• Comprehension of loan and guarantee documents – observing rule 11 of Legal Profession Uniform Legal Practice (Solicitors) Rules 2015.  
• Real life lessons learnt and recent claims - common errors made by practitioners.  

Don't miss this key seminar to minimise risk exposure and avoid being caught up in another Amadio-style dispute.