Advisory Opinion:
1017
Year Issued:
1986
RPC(s):
RPC 1.5 (b); 1.7; 1.8
Subject:
Conflicts of interest; fee agreements; lawyer who also acts as real estate broker
The Committee understood from your inquiry that you regularly represent both buyers and sellers in real estate transactions, and that in addition you also perform the functions of a real estate broker and on occasion may join with the purchaser in these transactions as a partner. In reviewing the materials submitted with your inquiry, the Committee was of the opinion that your fee agreement submitted to your client is inadequate in that it does not communicate the basis or rate of the fee as required by RPC 1.5(b). In addition, the Committee was of the opinion that your communications to your clients do not provide the disclosures required by RPC 1.7 regarding the conflicts of interest between clients and RPC 1.8 concerning business transactions with clients.
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