04 Mar 2021

Ethics: Client Identification and other Ethical Dilemmas in Property Law

Ben Bradley

A. BACKGROUND

1. Lawyers always need to know who their client is to be able to provide sound advice, to take legal action in the correct name and to know to whom they owe professional duties. This is so in every area of law, but it is a matter of particular importance in lawyers who are involved in property transactions. Property lawyers must ensure that the person claiming authority to deal with land is legally permitted to do so. This includes confirming a person’s capacity to act as agent for a company or as an attorney. The professional and ethical rules that govern the role and obligations of solicitors operating in this space have recently been reformed and standardised.

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