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Book + CD available as a package or individually
Every letter that you write creates a permanent record of the information it contains. Accordingly, it is important to ensure that it accurately reflects your ideas and communicates in a way that satisfies the needs of your reader. Letters also convey an image of the writer and of his or her competence and professionalism. Clearly, it is in your interest to use your letters to create a positive impression. de Groot and Maxwell, Legal Letter Writing, 1994
Here's to plain language and clear understanding. Kaspar Gutman (Sydney Greenstreet) to Sam Slade (Humphrey Bogart), proposing a toast, in The Maltese Falcon.
Give us the tools, and we will finish the job. Sir Winston Churchill Broadcast address, 9 February 1941
Words are a lawyer's tools of trade. Precedents are the templates used to leverage the lawyer's skills and letters are the basic tools of legal practice. Yet often we put much more effort and sophistication into our computerised delivery systems than into our precedents. It takes time and skill to write letters that are concise and plain but also comprehensive and it is hard to find time to keep your letters up-to-date.
This book of letters will test the legal profession's interest in practical tools to do the job by offering templates for that deceptively commonplace legal task called conveyancing.
The letters are written by a lawyer keen on plain language and have been refined over 30 years of daily application. They can save you time, make you money and let you sleep more soundly at night by providing you and your staff with inbuilt checklists. They can help you build your reputation with your clients for thoroughness and clarity, while evincing and adding to the value of your services.
CONTENTS
Why Precedent Letters for Lawyers?
Vendor Precedents
Letter to vendor client acknowledging instructions to prepare sale contract (residential property) and enclosing questionnaire Questionnaire Letter to vendor's mortgagee asking for title information Letter to vendor client sending draft contract for listing of property for sale Bill for preparing up-front sale contract Letter to vendor client sending copy building certificate Letter to estate agent sending up-front contract Letter to vendor client sending auction contract Letter to auctioneer sending sale contract Letter to purchaser's solicitor sending sale contract Letter to vendor client sending contract when purchaser found Additional paragraphs for (dealing with tenant in possession, development consent, title conversion) Letter to agent when purchaser found Letter asking vendor's instructions about changes to contract Letter to agent sending deposit cheque Letter to solicitor for exchange of contracts Letter to vendor client reporting exchange of contracts Letter to mortgagee bank for discharge Letter to vendor sending draft replies to requisitions on title for approval Letter to vendor about clearance of land tax certificate Letter of advice about early possession Letter to vendor client sending transfer for signature Letter to purchaser's solicitor for settlement giving directions for payment Settlement statement (Sydney and country) Letter to client sending draft settlement statement Order on the tenant Bill to vendor (when no previous bill sent) Letter to vendor's agent sending order on agent Letter to council sending cheque for rates
Purchaser Precedents
Letter to purchaser acknowledging instructions to act Letter to agent Letter to vendor's solicitor acknowledging receipt of contract
Annexure to : Special clause - Non-contamination warranty Letter sending contract to client Paragraph for letter sending contract to buyer of strata title lot Request for survey report Request for insect pest/building inspection report Letter to council - request for building certificate Letter sending pest/building report to client Letter sending strata inspection report to client Letter sending survey report to client Letter seeking changes to draft contract Letter to client for instructions before exchange (contracts not interdependent/encroachment/non-compliance) Letter to vendor's solicitors sending contract for exchange Letter sending deposit to agent Letter informing client of exchange of contracts Letter about release of deposit Letter sending requisitions on title Letter sending transfer and requesting settlement statement Letter to bank giving particulars of title Letter to mortgagor about terms of mortgage Letter to purchaser sending copy of replies to requisitions on title received from vendor's solicitors Letter to mortgagee bank returning mortgage documents Report on title Letter sending draft settlement statement to vendor's solicitor Letter to purchaser when ready for settlement Bill for purchase and mortgage Statement of amount required for completion Letter to bank giving settlement details Letter to mortgagee's solicitors giving settlement details Letter to vendor's solicitor acting as unpaid agent on settlement Order on agent Memo sending documents for registration Letter to client reporting completion Letter to purchaser sending copy of title deed etc. Letter to client sending old deed for historical purposes
Lease Precedents
Letter sending draft lease to tenant's solicitor Bill for landlord (where payable by tenant) Letter to landlord sending draft lease Letter to tenant about lease Bill for tenant client Letter to tenant sending copy of lease Letter of advice to tenant about lease problems, mediation, strategy
REVIEWS
LawCover's analysis of notifications against solicitors for the five years between 1995 and 1995 reveal the following:
- Poor communications with clients 55%
- (failed to adequately advise clients) 43% ...
The overwhelming majority of claims still arise as a result of poor communications with clients and in particular from failure to adequately advise clients. Solicitors should always consider the risks of a transaction to the client and advise the client of those risks including the steps that can be taken to minimise them. In particular be cautious whenever a client opts to proceed without making enquiries or investigations that you feel should be made. In these circumstances record the terms of the advice and instructions in a file note and preferably confirm it in writing. Letters can be adopted from precedents contained in publications such as Garry Barnsley's Letters for Lawyers: Conveyancing.
LawCover Bulletin, March 2001
Very useful for conveyancing solicitors. Congratulations on its production and quality.
Professor Andrew Lang
Precedent letters can be invaluable to a practitioner. . . . As the author of this text rightly points out, despite their many virtues precedent letters are not as readily available as precedents for deeds, pleadings or agreements. It is this need for precedent letters that this text seeks to fulfil by providing a comprehensive set of precedent letters for the various steps involved in a conveyancing transaction as well as a few precedent letters for a leasing transaction. Conveyancing in particular is an area which is well suited to precedent letters as many of the same steps are repeated from file to file.
The text is divided into three main sections, which contain precedents for conveyancing transactions when acting for a vendor or a purchaser followed by precedents for a lease transaction. The letters are presented in the order they would normally be required. A suggested coding for each letter is provided to enable easier access to the precedent letters once they have been transferred to a computer system. Paragraphs are numbered for ease of reference and optional paragraphs are also provided for inclusion where required. . . .
The conveyancing letters are quite extensive in their coverage. . . . The [leasing] letters deal with many common clauses and situations and act as a valuable checklist. . . .
The text . . . is based on NSW law. . . . While some [letters] may be adapted by the insertion of parallel Victorian provisions, some are simply too different. The conveyancing procedure itself is also slightly different. However, there are many similarities and the precedents as a whole could still be useful as a basis for creating a set of Victorian precedents. The text will be a very valuable resource for NSW practitioners as it is comprehensive, well-presented and easy to adapt.
Law Institute Journal (Victoria), 2001
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Published June 2000
Publisher The Federation Press
Hardback/224pp
ISBN 9781862873339
Australian RRP $66.00
International Price $60.50
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Law - Property Law
Law - Legal Writing & Research

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