No Good Deed Goes Unpunished - Ethical Challenges for Real Estate Attorneys

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No Good Deed Goes Unpunished: Ethical Challenges for Real Estate Attorneys

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  • The first area we’ll be looking at is identifying who your client is deemed to be under the American Bar Association (ABA) Model Rules. This is a very important relationship to identify because it has real ethical consequences.

    It will inform to whom counsel owes ethical duties of confidentiality and loyalty, whose attorney-client privilege counsel is obligated to protect, among other things…

    You folks are all in-house attorneys as opposed to lawyers working in a law firm …so, who do YOU feel is your client?

    Does in-house counsel represent the organization, its constituents, its corporate family members, all of the above?

    ***Audience Participation***

    Who knows which ABA Model Rule gives us guidance on this question? [Answer: ABA Model Rule 1.13]
  • The first area we’ll be looking at is identifying who your client is deemed to be under the American Bar Association (ABA) Model Rules. This is a very important relationship to identify because it has real ethical consequences.

    It will inform to whom counsel owes ethical duties of confidentiality and loyalty, whose attorney-client privilege counsel is obligated to protect, among other things…

    You folks are all in-house attorneys as opposed to lawyers working in a law firm …so, who do YOU feel is your client?

    Does in-house counsel represent the organization, its constituents, its corporate family members, all of the above?

    ***Audience Participation***

    Who knows which ABA Model Rule gives us guidance on this question? [Answer: ABA Model Rule 1.13]
  • The first area we’ll be looking at is identifying who your client is deemed to be under the American Bar Association (ABA) Model Rules. This is a very important relationship to identify because it has real ethical consequences.

    It will inform to whom counsel owes ethical duties of confidentiality and loyalty, whose attorney-client privilege counsel is obligated to protect, among other things…

    You folks are all in-house attorneys as opposed to lawyers working in a law firm …so, who do YOU feel is your client?

    Does in-house counsel represent the organization, its constituents, its corporate family members, all of the above?

    ***Audience Participation***

    Who knows which ABA Model Rule gives us guidance on this question? [Answer: ABA Model Rule 1.13]
  • The first area we’ll be looking at is identifying who your client is deemed to be under the American Bar Association (ABA) Model Rules. This is a very important relationship to identify because it has real ethical consequences.

    It will inform to whom counsel owes ethical duties of confidentiality and loyalty, whose attorney-client privilege counsel is obligated to protect, among other things…

    You folks are all in-house attorneys as opposed to lawyers working in a law firm …so, who do YOU feel is your client?

    Does in-house counsel represent the organization, its constituents, its corporate family members, all of the above?

    ***Audience Participation***

    Who knows which ABA Model Rule gives us guidance on this question? [Answer: ABA Model Rule 1.13]
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  • No Good Deed Goes Unpunished - Ethical Challenges for Real Estate Attorneys

    1. 1. 1Lexis Practice Advisor® No Good Deed Goes Unpunished - Ethical Challenges for Real Estate Attorneys Presented by Richard J. Sobelsohn, Esq., GGP, LEED AP Team Lead and Group Director of Financial Practice Area Modules Lexis Practice Advisor®
    2. 2. 2Lexis Practice Advisor® Ethical Behavior Common Definitions of Ethics.
    3. 3. 3Lexis Practice Advisor® Professional Responsibility Accepted Definition of Professional Responsibility.
    4. 4. 4Lexis Practice Advisor® Differing Jurisdictional Disciplinary Categories Non- Public Actions • Letter of Education • Letter of Caution • Letter of Admonition Public Actions • Letter of Reprimand • Censure • Suspension • Letter of Disbarment
    5. 5. 5Lexis Practice Advisor® Punishments Disciplinary Action vs. Malpractice
    6. 6. 6Lexis Practice Advisor® Conflicts of Interest • Representing Adverse Parties • Loan Issues • Title Company Issues • Referral Issues • Attorney as a Real Estate Broker & Attorney - same matter • Improper Business Relationship with Client • Who is the Client?
    7. 7. 7Lexis Practice Advisor® Best Practice: To avoid an inadvertent attorney-client relationship and expectation of confidentiality, it is a good practice for in-house counsel to inform the constituent at the outset that any conversation between them is within the scope of the representation of the organization, not of the constituent. Avoiding Conflicts of Interest and Loss of Privilege
    8. 8. 8Lexis Practice Advisor® Conflict of Interest Exception Notwithstanding the existence of a concurrent conflict of interest, a lawyer may represent a client if……
    9. 9. 9Lexis Practice Advisor® Escrow Funds Issues • Conversion • Mismanagement of Attorney Escrow Accounts
    10. 10. 10Lexis Practice Advisor® Miscellaneous Issues • Neglect of Matters - Pick up the Darn Phone • Unauthorized Settlements • Improper Advertising • Aiding in the Unauthorized Practice of Law
    11. 11. 11Lexis Practice Advisor® Case Studies Conversion
    12. 12. 12Lexis Practice Advisor® Disclaimer: This presentation does not constitute legal advice or an opinion of LexisNexis. It does not create or invite an attorney-client relationship and may be rendered incorrect by future developments. It is recommended that it not be relied upon in connection with any dispute or other matter but that professional advice be sought. Copyright © 2014 LexisNexis. All rights reserved. Contact: Richard J. Sobelsohn, Esq., GGP, LEED AP Team Lead and Group Director of Financial Practice Area Modules Lexis Practice Advisor ® richard.sobelsohn@lexisnexis.com 212.448.2728 Questions?

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