With due regard to the special circumstances of conveyancing transactions in respect of which a contract has been executed prior to 1 January 2013 and the public interest in both the objective of enabling continuity of service for clients involved in conveyancing transactions who have entered into contractual commitments and in the proportionate enforcement of regulations, the Law Society has decided to issue this practice note.

It is the policy of the Law Society, where a contract in relation to a conveyancing transaction has been executed by both the vendor and the purchaser prior to 1 January 2013, not to treat a solicitor continuing to act for both the vendor and the purchaser in that conveyancing transaction as being in breach of the Solicitors (Professional Practice, Conduct and Discipline – Conveyancing Conflict of Interest) Regulation 2012 (SI no 375 of 2012), provided that there is no actual conflict between vendor and purchaser.

It is recognised that often in voluntary transactions there is no contract. Therefore, to avail of the transitional arrangements set out in this practice note, if there is a voluntary transaction in progress, it will be necessary for the vendor and the purchaser to sign, for example, a memorandum that will serve as the contract.

In this practice note, the expressions ‘conveyancing transaction’, ‘solicitor’, ‘vendor’ and ‘purchaser’ are used with the same meanings as in the regulation.

John Elliot
Registrar of Solicitors and Director of Regulation