• get the client’s irrevocable written authority before giving any undertaking;
• any undertaking should be in writing, and approved or authorised by a partner;
• ensure the wording of the undertaking is clear and unambigious. If in doubt, get a colleague to check your wording;
• is the undertaking totally capable of performance (ie what if it cannot be performed?);
• do you know the client well enough to feel confident about giving the undertaking? in a conveyancing transaction check that the client has properly disclosed all subsisting mortgages and liabilities which might possibly affect the amount of money available to discharge the loan. Will there be sufficient equity to repay the loan with interest?
• always mark the client’s file conspicuously when an undertaking has been given. That will help to ensure that the undertaking is not overlooked;
• when the undertaking has been fulfilled, obtain a written release from the recipient.

Source: The excellent Conveyancing Checklists (Frances Silverman & Russell Hewitson; Law Society; £34.95).  © Practical Lawyer