3. RELATIONSHIP WITH COLLEAGUES

3.1. Duty to transact openly, to co operate and not to delay matters.
In conveyancing, a number of attorneys, dealing with different aspects of a batch, are required to co operate with each other to ensure that the entire batch of transactions is successfully lodged and timeously registered.
If we assume that a standard batch contains a transfer, a bond cancellation and a new bond,each being attended to by a separate conveyancer, the duties of each of the conveyancers include inter alia the following :

3.1.1. The transferring attorney should

a) Send the draft deed of transfer timeously to the bond attorney, with full details of the guarantee requirements. If a preliminary power of attorney has been provided, ensure that it is followed up with a draft deed of transfer.
b) Immediately advise the bond attorney of any changes made to the draft deed of transfer.
c) Act promptly when receiving the title deed from the bond cancellation attorney, by acknowledging receipt of the title deed and furnishing the latter with the required undertaking or guarantee for payment of the outstanding capital and interest secured by the bond.
d) Answer any queries raised by the bond cancellation attorney regarding account numbers and the address of the mortgagor after registration of the bond cancellation as soon as possible to enable the bond cancellation attorney to inform the mortgagee.
e) Honour any undertaking given.
f) Deliver the newly registered title deed to the bond attorney within a reasonable time after receipt thereof from the Deeds' Office.

3.1.2. The bond registration conveyancer should

a) Write to the transferring attorney as soon as instructions are received to cancel the bond,furnishing the transferring attorney with the title deed, or a copy thereof, as well as the mortgagee’s cancellation requirements.
b) Prepare the consent to cancellation of the bond, without delay, and submit same for signature as soon as the required letter of undertaking or guarantee is received.

3.1.3. The bond attorney should

a) Contact the transferring attorney as soon as instructions to register the bond are received with a request that the transferring attorney furnish a draft deed of transfer. It is important to indicate precisely how much of the proceeds of the bond will be available for payment on registration of transfer and whether or not the bond registration costs are to be deducted from the proceeds of the bond.It is unacceptable to advise the transferring attorney only on registration that the bond registration costs are to be deducted.
b) Draw the bond documents and arrange as soon as possible for the mortgagor to sign them in order that they may be ready to lodge upon the request of the transferring attorney.
c) Ensure that all the mortgagee's conditions are fulfilled prior to the deeds becoming available for registration to obviate any delay with registration.
d) Honour any undertakings to pay on registration.
e) Ensure that a full draft deed of transfer is provided and checked for any detrimental conditions and/ or consents that may be required. Obtain any waiver of conditions that prejudice the mortgagee's rights.

It is clear that conveyancing transactions must be conducted in a spirit of co operation, with each conveyancer doing their best to ensure that other linked conveyancers are assisted in the performance of their respective mandates.
It is wise to accommodate, as far as possible, any special requests for assistance from other conveyancers since no conveyancer can know when the assistance of a colleague will be required by them.

3.2. Duty to use title deed and other documents for intended purpose and return deed after declared purposehas been achieved (or cannot be achieved)
Each conveyancer receiving a title deed, released to him/ her for a declared purpose,has a duty of care in respect of that title. Should the title remain open after the registration of the transaction for which it was released or should that transaction be cancelled or unduly delayed,the title must be safely returned to the attorney who provided it.
The attorney delivering the deed must also make sure that such deed is correctly depatched to the intended recipient. All reasonable steps must be taken to ensure that the deed reaches its destination.
In the event that a title deed is mislaid by the attorney charged with its care, that attorney is required to make an application for the issue of a certified copy and to bear the cost of such application.

3.3. Duty not to interfere with a transaction nor to quote for work, where the work has already been allocated to a colleague
Although there is a guideline for fees, it is only a guideline and fees may be negotiated.
When the resolution permitting that conveyancing fees be negotiated was passed by the profession,it was clearly stated that a conveyancer, who undercuts the fee of a colleague to whom instructions have been issued with a view to procuring the work, will be guilty of touting. Touting is prohibited.
Undercharging is considered to be a calculated means of attracting clients and is tantamount to touting. However, professional business approaches are permitted (for further guidance in this respect,refer to the Advertising and Marketing Rules, available on the Society's website)
Unless acting pro amico, an attorney is expected to charge a reasonable fee for work done. He/ she should act fairly and honourably towards clients, colleagues and the profession as a whole.
Once a conveyancer has received an instruction to register a transaction, it is unprofessional for any other conveyancer to cause the former conveyancer's mandate to be terminated in order that he/she be instructed. Even more unprofessional is the action of the conveyancer who, having ascertained that a colleague has been instructed, approaches the purchaser or mortgagor to cause the former conveyancer's mandate be terminated because the latter is prepared to reduce his/her fee should he/she be substituted.

3.4. Obligation not to interfere with, or give, instructions to a colleague's staff
It is very tempting when a conveyancer is tardy in responding to letters and requests of linked conveyancers to telephone the former conveyancer's secretary and give her instructions to deal with matters, for example, asking her to telephone her client’s bank regarding the return of a signed consent to cancellation of a bond. Even though a conveyancer may be frustrated with the lack of attention paid to a matter by a colleague, it is improper interference in a colleague’s practice to give instructions to the colleague’s secretary without the prior authority of the colleague. The conveyancer should deal directly with the colleague.

3.5. Conduct in the Deeds Office and duty to co-operate

3.5.1. Unless other arrangements have been made, it is the duty of the conveyancer representing number one of the batch of deeds, to collect the deeds from the simultaneous conveyancers and hand them in for execution.

3.5.2. Whichever conveyancer has handed in the deeds, has the obligation to confirm the registration of the batch with the simultaneous conveyancers.

3.5.3. It is unprofessional conduct for a conveyancer to execute and/or hand in a deed for execution on behalf of another conveyancer, without his express authority. This is a dangerous transgression with very serious financial implications, especially when a consent to cancellation of a bond is tendered for registration without the knowledge and consent of the lodging firm.

3.5.4. If a conveyancer wishes to withdraw a deed from the Deeds Office for whatever reason,such conveyancer must inform the simultaneous conveyancers of its intention and complete the necessary application form for the Deeds Office. On receipt of the deeds, the said conveyancer must immediately return all deeds belonging to the simultaneous conveyancers to the relevant firms.

3.5.5. If for whatever reason, a conveyancer is in possesion of the deeds of a colleague, he has the duty to notify the colleague immediately to enable him to keep track of the whereabouts of his deeds.

3.5.6. If a conveyancer wishes to expedite or restore deeds, he must make arrangements to collect the deeds from the simultaneous conveyancers. After consulting with the Deeds Office, it is his duty to inform the simultaneous conveyancers of the outcome of his application and confirm that he has relodged the deeds and when he expects the deeds to be on prep.

3.5.7. If deeds are rejected it is the duty of the conveyancer whose deeds were rejected, to rectify or redraw the documents as a matter of urgency and to arrange relodgment with the simultaneous conveyancers.If it is not possible to rectify or relodge the deeds within 2 working days,the relevant conveyancer is obliged to notify the simultaneous conveyancers of his problem and tell them when he expects to be in a position to relodge.

3.5.8. There rests no duty on a conveyancer whose deeds have been rejected, to apply for expedition or restoration of the deeds at the Deeds Office. It is in his own discretion to do so. If another simultaneous conveyancer chooses to apply, he may do so with the consent of the simultaneous conveyancers.

3.5.9. If deeds have been rejected and the nature of the note is such that it is necessary for one conveyancer to inspect the documents or notes on deeds of the other conveyancer,such firm is obliged to comply with the request of the relevant conveyancer to provide him/her with the necessary copies or information without delay, to ensure that the deeds can be relodged as soon as possible.

3.5.10. If a conveyancer arranges simultaneous lodgement with one or more
colleagues,in the knowledge that he may not be able to execute the transaction when it comes up for registration in the normal course, as there are certain requirements still outstanding,he has a duty to disclose this fact to the conveyancers attending to the simultaneous transactions at the time of lodgement.

3.6. Roving Conveyancers

3.6.1. It is proper for an attorney who is an admitted conveyancer to carry out and complete conveyancing transactions on behalf of a colleague who is not an admitted conveyancer, as long as the conveyancer acts bona fide in one of the following capacities:

(a) as the partner of the non-conveyancer
(b) as the correspondent of the non-conveyancer
(c) pro amico, subject to the strict guidelines issued by the Law Society in relation to pro amico work.

3.6.2. It is considered an undesirable practice if a conveyancer accepts work from a
number of firms who do not have an admitted conveyancer on their staff, unless the relationship complies with the requirements as set out above.

3.6.3. The reasons why it is considered an undesirable practice are as follows.

(a) the client has a reasonable expectation that a transaction entrusted to a practitioner will be attended to by that practitioner and the question of ultimate responsibility for the transaction and the right of recourse of the parties to the transaction should be clearly defined.
(b) It is misleading to the public the impression is created that a firm specialises in property work while there is no qualified conveyancer. This is not in the public interets and reflects negatively on the conveyancing profession as a whole.
(c) It frustrates the efforts of the Law Society to encourage attorneys to become qualified conveyancers.
(d) Often there is no control and communication between the Registrar and the firm concerned or between the simultaneous firms. As a result the public suffers. Removal of notes are not attended to and it is difficult to find a responsible conveyancer to discuss problems with. These unneccessary delays cause inconvenience and a loss of financial interest.

3.6.4. A practice, similar to the roving conveyancer practice, has developed where a
number of firms use a single conveyancer to execute on their behalf in the Deeds Office in Pretoria or Johannesburg. These firms are usually not situated in the seat of the Deeds Registry.Provided the requirements as set out above, are complied with, this practice is acceptable.
Any attorney must be cautious and consider if it is in the best interest of his clients and his practice, to become involved in such a syndicate doing long distance conveyancing.

3.6.5. The Registrar of Deeds is often frustrated with conveyancers participating in these
syndicates as the responsible person is not readily available to discuss problems in a crisis situation. The Registrar has indicated that he will only issue a lodgement number and facilities to a conveyancer practising outside the seat of the Deeds Registry, if such a conveyancer or firm can exercise "effective conveyancing". The Registrarregards "effective conveyancing" inter alia,as the ability of the conveyancer to be present in the Deeds Office at the request of the Registrar, within 20 minutes. This means that the executing conveyancer of such a syndicate shall be obliged to react immediately to a request and return to the Deeds Office, no matter whether he is on his way between Johannesburg or Pretoria, or is already back in his office. It is the duty of a conveyancer participating in this practice, to ensure that his sentative conveyancer is able to meet these requirements.