Full
text available at: http://www.irishtimes.com/newspaper/ireland/2012/0709/1224319635301.html
A
Law Society task force has decided that solicitors should not be permitted to
act for both sides in a property transaction, except in limited circumstances
provided for in law. . Its report will be discussed by the council of the
society next Friday.
The
prohibition should extend to voluntary transactions between, for example,
family members where a parent signs a home over to a child, the task force
concluded. These are permitted in many jurisdictions. The task force was set up
in light of concerns over the same solicitor acting for both purchaser and
vendor in conveyancing transactions. The practice was also the subject of a
number of complaints to the Law Society.
The
task force examined the practice in a large number of other jurisdictions, in
the common and civil law traditions. This confirmed every other common law
jurisdiction, and most civil law ones, had a prohibition on the same solicitor
acting for both sides in a property transaction.
Many
of these jurisdictions permitted a range of exceptions, but the task force
concluded most such exceptions were unjustified.
On
the issue of voluntary transfers of property, usually between family members,
the task force said the case for the continuation of allowing one lawyer to act
for both sides was undermined by a survey by the Health Service Executive and
UCD which found 94 per cent of financial abuse of the elderly in Ireland was
perpetrated by family members. Example s of financial abuse include forcing or
misleading an elderly relative in to signing over their interest in the
family home.
The
task force did not see how one legal adviser could give independent or
impartial advice to donors and their donees.
It
recommended that in the case of voluntary transfers and transfers below market
value there should be a total prohibition on solicitors acting for both sides.
On
transfers for market value, the task force noted there had been adverse
judicial comment on the lack of a Law Society prohibition on one lawyer acting
for both sides. There should be a prohibition in such cases, it stated, except
where both parties were associated companies or were “qualified parties” under
EU regulations.
Brophy
Solicitors
09.07.12
Thank you for maintaining such an informative blog about family law. My Las Vegas family law firm is ready and able to assist anyone you know who requires family legal services in Las Vegas of Henderson. In some cases, you may find that it is in your client’s best interest to move to Las Vegas to get divorced. If you are interested in exchanging links on our blogs, please e-mail me.
ReplyDeleteLegal rights and responsibilities can provide both financial relief and an argument is a set of propositions. One or more of the propositions in the set are called premises. One proposition in the set is call the conclusion. If the premises are true, then we have reasons for accepting the truth of the conclusion.
ReplyDeleteDon Blankenship
Hey! This is a good read. I will be looking forward to visit your page again and for your other posts as well. Thank you for sharing your thoughts about divorce lawyer in your area. I am glad to stop by your site and know more about divorce lawyer. Keep it up!
ReplyDeleteNeither can any of the professional team retained in the course of the collaboration be brought to court. Essentially, they have the same protections as in mediation. There are two exceptions: 1) Any affidavit sworn in the course of the collaboration and vouching documentation attaching to same and 2) any interim agreement made and signed off in the course of the collaboration or correspondence relating thereto. The parties are in control of the time they are prepared to give their collaboration. Some people need a lot of time to complete, whereas others will reach solutions in a few meetings. Collaborative practitioners offer a tightly orchestrated model with meetings scheduled in advance every two weeks, and the range of items to be discussed apportioned in advance of signing up as well as the more open ended process, the clients decide.
Reade & Reade are dedicated to our Peabody, MA clients and guiding them through their divorce or family law matter to achieve the best result for their situation.
Divorce Lawyer Peabody MA
Yes, I agree with your thoughts. Thanks for sharing this informative information about effective property deals.I really liked this blog post.keep up the good work.
ReplyDeleteIllinois Estate Planning Attorney