Conveyancing Committee Submissions

The Law Society recently issued an e-bulletin regarding “Conveyancing Conflicts- Consultation with the profession”. The DSBA Conveyancing Committee together with the Council of the DSBA intend to make a submission to the Law Society on behalf of the membership. The DSBA Conveyancing Committee would like to canvass the thoughts and opinions of the membership with a view to putting together a submission which ultimately will be published on the website and in the Parchment.

The Law Society e-bulletin states the following “the Law Society has set up the Conveyancing Conflicts Task Force under an independent chairperson, Ms Catherine Treacy, to review the existing guidelines and regulations relating to solicitors acting for both vendor and purchaser in conveyancing transactions, including voluntary transactions. The terms of reference of the Task Force are as follows:
"To review the Society’s existing guidance and regulations relating to solicitors acting for both vendor and purchaser in conveyancing transactions (including voluntary transactions) and to examine also the systems in other jurisdictions with a view to making any recommendations for change considered appropriate."
On behalf of the Law Society, the Task Force wishes to consult with the members of the solicitors' profession to obtain your views on the topic under discussion. The Task Force would very much welcome any observations, comments or submissions relevant to this issue that you would like to make in order to assist it in its deliberations.
In order to familiarise yourself with the existing guidelines and regulations you can click on the following attachments:
• Paragraphs 3.1 to 3.3 of the current Guide to Professional Conduct of Solicitors in Ireland regarding conflicts in property transactions
• S. I. No. 85/1997 - the statutory ban on acting for developer and purchaser of a new dwelling
• S. I. No. 366/2010 - the statutory ban on acting for a borrower and a lender in the same commercial property transaction.
Any response or suggestions should be sent to ConveyancingConflictsTF@lawsociety.ie so as to reach the Task Force by 30th September, 2011 – although any earlier response before that date will be welcome. If you have already sent a submission or observation in response to the earlier Law Society ebulletin on this topic in June, please note that there is no need to send a further reply as these earlier submissions will be included in the Task Force’s discussion of the issue. “
The link to the Law Society ebulletin is  http://blackhall.newsweaver.ie/pq9bqt02imq3cxal55b0ap?email=true where the link to the proposed regulations can be accessed.
Please forward your submissions to Julie Doyle doylerju@gmail.com or Elaine Given ekg@gallaghershatter.ie on or before 9 September next in order that the DSBA Conveyancing Committee can put together a collective submission.
Regards
Julie Doyle & Elaine Given
Chair & Vice Chair of the DSBA Conveyancing Committee