Frequent question: What is an attorney undertaking?

In a legal context, it typically refers to a party agreeing to a surety arrangement, under which they will pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so.

What is a lawyer undertaking?

An undertaking is a promise made by a solicitor upon which the recipient is entitled to rely and depending on the circumstances, which binds the solicitor or solicitor’s client or both. Undertakings are obligations that lawyers pledge themselves or their clients to honour.

What is the purpose of an undertaking?

The whole purpose of undertakings is to create a binding obligation where the person giving the undertaking has no personal financial interest in the matter or transaction to which the undertaking relates.

What does it mean to give an undertaking?

Definition of give an undertaking

: to make a promise The newspaper gave an undertaking not to disclose his identity.

What is an example of an undertaking?

The definition of an undertaking is a task or an agreement to do something. An example of an undertaking is the act of washing dishes. An example of an undertaking is a promise to watch a friend’s child. … A promise or pledge; a guarantee.

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What does undertaking mean in Court?

An undertaking is a promise from a lawyer to another that must be kept. Legal life without undertakings would be unthinkable. … Without undertakings, real estate lawyers would need to meet face to face to exchange documents!

Who can provide a legal undertaking?

Undertakings are given on behalf of the firm and not an individual. You should only give an undertaking if you are duly authorised by your firm to do so. If you are so authorised, you must ensure you comply with any procedures your firm has in relation to undertakings.

Are undertakings enforceable?

Enforceable undertakings are undertakings given to us (and accepted by us) which are enforceable in a court. They are generally accepted by us as an alternative to civil or administrative action where there has been a contravention of the legislation we administer.

What means an undertaking involving risk?

an undertaking involving uncertainty as to the outcome, especially a risky or dangerous one: a mountain-climbing venture. … the money, ship, cargo, merchandise, or the like, on which risk is taken in a business enterprise or speculation.

How long does a Court undertaking last?

An Undertaking will be for a fixed period of time, usually 6 months. Undertakings, when offered by a Respondent, are done so on the basis that no admissions of the allegations are made and no Finding of Fact against a Respondent in relation to allegations is made by the Court.

What is a legal letter of undertaking?

A letter of undertaking is an assurance by one party to another party that they will fulfil the obligation that had been previously agreed on, but not written into a contract.

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Should I accept an undertaking?

Undertakings are a fundamental part of the practice of a solicitor and their importance cannot be stated too strongly. It is essential that they be observed whenever they are given and so should only be given when it is clearly possible for them to be honoured.

What happens at a court undertaking?

This is a promise given to the court. Once an undertaking has been given it has the same effect as a court order. … This means if it is broken then it will be contempt of court and an application can be made for committal to prison.

Has undertaken Meaning?

transitive verb. 1 : to take upon oneself : set about : attempt undertake a task undertake to learn to swim. 2 : to put oneself under obligation to perform also : to accept as a charge or responsibility the lawyer who undertook the case.

Is undertaken in a sentence?

1. A study was undertaken in co-operation with oil companies. 2. A group of enthusiasts have undertaken the reconstruction of a steam locomotive.

What is a good sentence for undertaking?

1. She discouraged me from undertaking the work. 2. Starting a new business can be a risky undertaking.