Class 3: Overview of Lawyer’s Role in Real Estate Conveyancing—Ethical Issues - Jan. 17

Question 1

What happened in Baldasarre v. Butler (1992)? (Q/TB)

Answer 1

Consent to waive conflict of interest requires disclosure and good faith belief that the lawyer will not have material limitations. Material limitations can outweigh conflict of interest agreement. No counter claim of misrepresentation because buyer couldn’t justify reliance on representation where they had notice of defect.

Question 2

What is the incidental test to lawyers acting as brokers? (Emanuel)

Answer 2

Statutes that provide for the regulation of brokers typically have an exemption for attorneys. (23)

Question 3

What is the total exemption test to lawyers acting as brokers? (Emanuel)

Answer 3

Some states totally exempt attorneys.

Question 4

What is the rule for lawyers acting as brokers? (Emanuel)

Answer 4

Statutes that provide for the regulation of brokers typically have an exemption for attorneys. (23)