What is the difference between a conveyancer and a lawyer in Melbourne?

When you purchase, sell or transfer real estate you require conveyancing services. With the introduction of electronic lodgement networks (online conveyancing), the ability to self-act in the conveyance of your own property is limited. In order to complete the settlement process, you would need to be a subscriber to one of the electronic lodgement networks such as PEXA or Sympli. Subscribers are required to hold qualifications and insurance. As most individuals don’t hold such qualifications and insurance, this is where a conveyancer comes into the picture. A conveyancer is a professional who assists clients with the transfer process. The work they do includes carrying out due diligence, contract reviews, liaising with banks and agents, drafting agreements, preparing legal paperwork and assisting with applications to government bodies.

The professional completing the conveyancing work can either hold qualifications or not. Those that do not hold a qualification, still know about the practical steps to assist a client with conveyancing, but may not have the legal theory and education to back up their knowledge. Like all professional services, the practical experience can sometimes outweigh the theory obtained from formal education.

Those that hold qualifications can either hold an Advanced Diploma and ultimately become a licensed conveyancer or a Law Degree and become a practicing lawyer. The Advanced Diploma takes around 1-2 years to complete and the law degree 3-5 years. Those completing a Law Degree can also complete other degrees at the same time. For example, one can complete a bachelor of commerce and law at the same time and graduate with a double degree.

When engaging a conveyancer, you will likely be appointing a company which is either a licensed conveyancing company or a law firm. The company or firm will ultimately be responsible for the work carried out and the advice given. The person (or team) assisting you in the conveyancing will either be a:

• administrative assistant
• conveyancer
• licensed conveyancer
• conveyancing lawyer
• property lawyer

 

Administrative assistant

The conveyancing administrative assistant is someone who assists by completing various support tasks for the file manager and conveyancing assistant. They are familiar with the systems, forms and legal requirements to complete a conveyancing transaction but responsibilities mainly include clerical duties.

The conveyancing assistant

The conveyancing assistant assists the file manager with completion of forms, legal requirements, compliance and can often complete the conveyancing work with minimal supervision.

The conveyancer

The conveyancer is a file manager and possesses all the required knowledge and skill to competently carry out all the conveyancing work for the client. They are the main point of contact in the matter and are mostly responsible for the day-to-day completion of the work. All work is subject to sign-off by a licensed conveyancer or lawyer. The conveyancer may or may not hold formal qualifications. Some conveyancers have completed their Advanced Diploma or Law Degree but may nonetheless not be licensed or hold a practicing certificate.

The licensed conveyancer

The licensed conveyancer is a file manager and possess all the necessary skill to complete a transaction, but also hold a license to complete conveyancing work. They hold an Advanced Diploma and are licensed with the Business Licensing Authority. The advice they give is limited to conveyancing.

The conveyancing lawyer

The conveyancing lawyer holds a Law Degree and can practice law and give legal advice. They exclusively practice in conveyancing and mostly complete the same work as a conveyancer or licensed conveyancer. With a Law Degree, they possess greater insight when approaching a transaction, but typically have the same technical and practical knowledge as a licensed conveyancer and conveyancer when completing a file.

The property lawyer

The property lawyer is able to manage a typical conveyancing file, but in addition to this, possess deeper knowledge and specialisation in property law and ancillary areas such as tax, trust, contract, leasing, and business law.

 

Contact Us 

Our point of difference is the fact we are a Conveyancer and Property Law Firm. This means our clients can be confident in expert legal advice and their conveyancing being handled entirely by us. With a full range of Conveyancing that covers straightforward sales and purchases plus a legal team to assist in other areas such as co-purchase agreements, financial agreements, commercial property conveyancing and more. Other conveyancers may need to refer clients elsewhere when the purchase or sale veers from being straightforward, with Provey we can cover every possibility.