Being the Deal Killers: Old-school attorneys often wrongfully operate from an outdated attorneys' ethics rule known as the means-end test. Thereunder, a client could identify the end goal of the representation and a lawyer could effectuate obtaining such goal under any means the lawyer deemed fit pursuant to the lawyer's complete discretion and control. As a result, many a lawyer would smell risk in a transaction and kill the deal as this tactic minimized all exposure to suit for malpractice or otherwise.
In , New York adopted new attorneys' ethics rules, called The Rules of Professional Conduct, which modifies the means-end test into client informed consent. Thereunder, it's not the attorney's job to kill a client's deal. Instead, it's the attorney's job to advise their client of the risks and benefits of each proposed course of action and then, to ask the client to make an informed choice.
Adapted from this Dan's Papers article. Main Menu U. News U. Politics Joe Biden Congress Extremism. Special Projects Highline. HuffPost Personal Video Horoscopes. Follow Us. Lawyers are trained to deal with the unique and often complex issues which may arise in the purchase of property. Thus they have unique specialized professional skills which enable them to draft or revise the documents necessary to facilitate the transaction and to protect the interests of their client.
Role : The purchase of a home is typically one of the most significant purchases a person makes in their lifetime. Their advice is invaluable to their clients. In fact, they are considered to be so important in real estate transactions that Massachusetts require their services to close the transaction. Representing a buyer as their broker and attorney presents several potential ethical conflicts.
Thus, REBA forbids individuals from dually representing a party as their attorney and their broker in the same real estate transaction. Massachusetts Professional Rule of Conduct 1. An attorney may not place their interests above those of their client. The City has tried to provide you with correct information on this website.
While every effort has been made to ensure that the information provided is accurate and up-to-date, errors are still possible. The information provided is not legal advice. You may need additional information to meet the legal requirements for starting or operating your business. Unlock the key to NYC. Real Estate Broker License. State, Department of State.
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