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Accredited paralegal practice area highlight: conveyancing

17 June 19

The competences needed for accreditation in both residential and commercial conveyancing

by Janet Rieu-Clarke

There are currently 12 practice areas in which paralegals can become accredited. This month, we take a look at residential and commercial conveyancing.

Each practice area has a corresponding set of competencies which we would expect an accredited paralegal working in that area to meet. If you are a trainee accredited paralegal, we would expect you to meet these after one year of training.

Residential conveyancing

A paralegal should be able to progress a residential conveyancing transaction, whether acting for purchaser, seller, and/or secured lender, from taking the client’s initial instructions through to completion and registration of title. 

Specifically, the paralegal should be competent to:

  • interview and correspond with client;
  • advise client on procedural aspects of the transaction;
  • carry out searches with relevant authorities;
  • report search results and valuation report to client, obtaining instructions as appropriate;
  • produce and negotiate missives on behalf of client;
  • arrange and attend to the concluding of missives;
  • arrange and attend to settlement, including execution of the disposition and discharge of any encumbrance on the title;
  • complete registration form, as appropriate, for acceptance by the Keeper;
  • complete land and buildings transaction tax application form;
  • ensure valid execution of documentation; 
  • prepare completion statements;
  • arrange for registration of the disposition and registration of any charges following completion.

We currently have more than 230 accredited paralegals working in this practice area.

Commercial conveyancing

The paralegal should be able to progress a straightforward commercial conveyancing transaction from taking the client’s initial instructions through to completion and registration of title. 

Specifically, the paralegal should be competent to: 

  • interview and correspond with the client;
  • advise the client on procedural aspects of the transaction;
  • carry out searches with relevant authorities;
  • report search results and valuation to client, obtaining instructions as appropriate;
  • complete a land and buildings transaction tax form;
  • complete registration form, as appropriate, for acceptance by the Keeper;
  • ensure valid execution of documentation;
  • prepare completion documents;
  • arrange for registration of the disposition and registration of any charges following completion;
  • undertake aspects of landlord and tenant management work, including rent reviews, short term licences, surrenders, letters of consent for assignations, renunciations and subleases, lease variation, rent concessions, notices to quit/termination licences.

We currently have 36 accredited paralegals working in this practice area.

If you are interested in becoming accredited in either of these areas, please contact Janet Rieu-Clarke on accreditedparalegals@lawscot.org.uk for more information.

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