oa De Rebus - Normal practice or unsound and flawed routines : practice management
|Article Title||Normal practice or unsound and flawed routines : practice management|
|© Publisher:||Law Society of South Africa|
|Affiliations||1 Attorneys Insurance Indemnity Fund|
|Publication Date||Oct 2015|
|Pages||26 - 28|
In Margalit v Standard Bank of South Africa and Another 2013 (2) SA 466 (SCA) the court stated that, in a claim against a conveyancer based on negligence, it must be shown that the conveyancer's mistake resulted from failing to exercise a degree of skill and care that would have been exercised by a reasonable conveyancer in the same position.
Many conveyancers operate with a staff complement consisting of secretaries, candidate attorneys and sometimes paralegals (non-qualified staff) to assist them in the drafting of documents and the general running of conveyancing matters and the conveyancing department.
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