Read Council of the Law Society of New South Wales v Clifton [2021] NSWCATOD 101

Posted: January 19th, 2023

Assignment Task

Part A (maximum 1,250 words)

Read Council of the Law Society of New South Wales v Clifton [2021] NSWCATOD 101

The directors of your conveyancing firm want you to prepare a clear and concise email for all team members so they can easily grasp:

· key issues in the Clifton case

· recent regulatory changes

· practice risks if trust accounting regulations are not followed including penalties

· best practice processes for trust accounting compliance

· key sections of relevant legislation and regulations

· importance of public confidence in the profession; and

· practical steps in practice processes to prevent what happened in the Clifton case.

Part B (maximum 750 words)

The office manager of your firm, Daphne has explained to you that your firm is now promoting the firm on a company LinkedIn page and has asked you to write a blog for the firm’s LinkedIn page regarding cost agreements in light of the regulatory reforms for conveyancers that were introduced in 2021.

Daphne’s brief your blog follows:

· be informative using plain user friendly language to explain the key reforms and the client benefits; and

· emphasise the firm’s highly professional way of dealing with clients; and

· outline their competitive approach to charging clients which enhances transparency for the client; and

—>
Email to Team Members:

Subject: Clifton case and recent regulatory changes in trust accounting

Dear Team,
I would like to bring your attention to a recent case, Council of the Law Society of New South Wales v Clifton [2021] NSWCATOD 101, which highlights the importance of adhering to trust accounting regulations in our conveyancing practice. The case involves a conveyancer who failed to follow trust accounting regulations and ultimately faced penalties as a result.
In light of this case, it is crucial that we understand and comply with the recent regulatory changes in trust accounting. These changes include stricter rules on record keeping and reporting, as well as increased penalties for non-compliance. It is important to note that these changes have been introduced to protect the public and maintain the integrity of the profession.
To ensure compliance with these regulations, it is essential that we follow best practice processes for trust accounting. This includes regular reconciliation of trust accounts, maintaining accurate and complete records, and implementing internal controls to prevent errors or fraud. It is also important to be aware of the key sections of relevant legislation and regulations, such as the Legal Profession Uniform Law and the Legal Profession Uniform General Rules 2015.
In addition to compliance with regulations, it is also important to maintain public confidence in the profession. This can be achieved by being transparent and honest with clients, and ensuring that our practices align with the values of integrity, professionalism and accountability.
To prevent a situation similar to the Clifton case, it is important to implement practical steps in our practice processes. This includes regular training for team members on trust accounting regulations, regular internal audits, and regular reviews of our internal controls.
The Clifton case serves as a reminder of the importance of compliance with trust accounting regulations and the consequences of non-compliance. I urge all team members to review the recent regulatory changes, understand best practice processes for trust accounting, and implement practical steps to prevent errors or fraud in our practice.

Blog:
Cost agreements are a crucial aspect of conveyancing services, and recent regulatory reforms have introduced changes that benefit clients. As a firm, we are committed to providing transparent and competitive pricing for our services, while maintaining the highest level of professionalism and integrity.
The new regulatory reforms for conveyancers, which were introduced in 2021, have increased transparency and fairness in cost agreements. These reforms include a requirement for conveyancers to provide clients with a written cost agreement, which must be signed by both parties, and to provide a detailed breakdown of costs and charges. This ensures that clients are fully informed of the costs associated with their conveyancing service and can make an informed decision.
At our firm, we understand the importance of transparency and fairness in cost agreements and have always been committed to providing our clients with clear and detailed information about our fees. Our approach to cost agreements is designed to provide clients with a clear understanding of the services they will receive and the costs associated with these services.
In addition, our firm takes a highly professional approach to dealing with clients. Our team members are trained to provide clear and accurate information and to answer any questions clients may have about cost agreements. We are also committed to providing a high level of customer service and ensuring that clients feel comfortable and informed throughout the conveyancing process.
Our firm’s competitive approach to charging clients enhances transparency for the client and we always strive to offer the best value for money. We have a team of highly skilled professionals who are dedicated to providing our clients with the best possible service and outcome.
Tthe recent regulatory reforms for conveyancers have introduced changes that benefit clients by increasing transparency and fairness in cost agreements. At our firm, we are committed to providing transparent