Advisory Opinion: 1021

Year Issued: 1986

RPC(s): RPC 1.7(b)

Subject: Conflict of interest; real estate closings; lawyer employed by private mortgage company


The Committee was of the opinion that when you are employed as a staff attorney for a private mortgage company handling real estate closings, you have a duty to disclose to the parties to the transaction that you represent the mortgage company, and not either the buyer or seller and that if they wish legal advice they must consult their own counsel.

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Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.