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Is it a conflict of interest for a real estate attorney to represent a party in a divorce case when another party in the action is a referral source for real estate transactions? |
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Answer
Yes. An attorney owes a duty of loyalty to his or her client. Where A and B are parties to a divorce action, and I represent A, I am conflicted if, (a) I have received a benefit by virtue of my past dealings w/B; or (b) on the basis of my past dealings w/B, I have an expectation of a benefit. A benefit need not be direct, as in the case of direct cash compensation, for a conflict to exist.
First answer by Grovesurfer. Last edit by Grovesurfer. Contributor trust: 21 [recommend contributor]. Question popularity: 21 [recommend question]
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