NYSBA Ethics Opinion 38a
Opinion #38(a) – 12/05/1968 (11-68)
Topic: Conflict of Interest, Representation of Adverse Parties
adverse interests, conflict of interests, client consent, real estate, representation
Digest: Consent and full disclosure may permit representation of real estate buyer and seller
Canon: Former Canon 6
In an area where the use of title companies and title insurance is not the usual practice, may the attorney who must examine, pass upon and certify the real estate title to the purchaser, represent the purchaser and seller?
This is a supplement to Opinion #38-12/6/66, dealing with representation of both purchaser and seller in real estate transactions. The question is whether Opinion 38 also applies to transactions in which the lawyer certifies title.The principles set forth in Opinion 38 apply with equal force to cases in which the lawyer examines, passes upon and certifies the title.