Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Lawyer's duty to inform client of obligations

For the law, regulation, and practice of the various professions and those heading out to join up.

Lawyer's duty to inform client of obligations

Postby theycantdothat » Fri Feb 24, 2017 1:59 pm

If a lawyer acts in a transaction which gives rise to an obligation on the client to do something and which if the client does not do he commits an offence, is the lawyer negligent if he does not do the thing for the client or fails to tell the client of the need to do it? I am inclined to think he ought to be but for the fact if damages are awarded it would mean that someone not guilty of a crime will indemnify another for the consequences of his crime, which is surely contrary to public policy.
theycantdothat
 
Posts: 1082
Joined: Fri Nov 02, 2012 7:36 pm

Re: Lawyer's duty to inform client of obligations

Postby dls » Fri Feb 24, 2017 3:39 pm

It does depend on several factors. I can imagine situations where the need to advise is clear, but others where it is not,

An award of damages if found liable need not be linked to the amount of any fine.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11937
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Lawyer's duty to inform client of obligations

Postby theycantdothat » Sat Feb 25, 2017 11:01 am

The case I had in mind was section 3 of the Landlord and Tenant Act 1985 http://www.legislation.gov.uk/ukpga/1985/70/section/3
theycantdothat
 
Posts: 1082
Joined: Fri Nov 02, 2012 7:36 pm

Re: Lawyer's duty to inform client of obligations

Postby dls » Sat Feb 25, 2017 12:09 pm

I think it is one of those situations where a professional landlord should need telling, but someone new to the business is entitled to be warned.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11937
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Lawyer's duty to inform client of obligations

Postby atticus » Sat Feb 25, 2017 5:58 pm

It should be bleeding obvious that if as landlord you sell your interest, you notify the tenant - unless you are planning on keeping the future rent payments flowing into your account.

I really cannot see why a landlord (ex landlord) who fails to do this should seek to pass the buck to the solicitor.

Has he even told the solicitor that the property is let? I can envisage a landlord selling a property not thinking it necessary to share this nugget with his solicitor.
User avatar
atticus
 
Posts: 19048
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Lawyer's duty to inform client of obligations

Postby theycantdothat » Sat Feb 25, 2017 7:30 pm

Actually the obligation is on the acquiring landlord.
theycantdothat
 
Posts: 1082
Joined: Fri Nov 02, 2012 7:36 pm

Re: Lawyer's duty to inform client of obligations

Postby atticus » Sat Feb 25, 2017 8:28 pm

Doesn't he want to collect the rent then?
User avatar
atticus
 
Posts: 19048
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Lawyer's duty to inform client of obligations

Postby theycantdothat » Sun Feb 26, 2017 8:57 am

atticus wrote:Doesn't he want to collect the rent then?


Probably, but not a problem if he employs the same agent as the previous landlord. Even if he does not, he may write to the tenant with instructions as to future payment but without giving his address.
theycantdothat
 
Posts: 1082
Joined: Fri Nov 02, 2012 7:36 pm

Re: Lawyer's duty to inform client of obligations

Postby atticus » Sun Feb 26, 2017 9:03 am

Well I am far from convinced he can abdicate responsibility in the way you suggest. You describe a landlord who says he is happy to take the money, but if the tenant should need to contact him, well no. With rights come responsibilities.
User avatar
atticus
 
Posts: 19048
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Lawyer's duty to inform client of obligations

Postby atticus » Sun Feb 26, 2017 10:04 am

And the sensible conveyancing solicitor will have tied down the precise extent of his instructions. He must do what he is instructed to do, which is probably to ensure his client gets good title to the property. He can and should limit the scope of his instructions to that.
User avatar
atticus
 
Posts: 19048
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Next

Return to Professions, Legal and Other. and their Students

Who is online

Users browsing this forum: No registered users and 1 guest