LEO: Advertising - Solicitation - Real  LE Op. 539

 

Advertising-Solicitation/Real Estate/Attorney Recommended

by Real Estate Firm.

 

January 18, 1984

 

An attorney may participate in a real estate settlement where a real

estate firm, under a "settlement service," has recommended to its

customers that a specific attorney handle the closing. The real estate

firm also may quote the attorney's legal fees if the legal fees have been

determined only by the attorney. However, the communications provided by

the real estate firm pertaining to the lawyer's services and fees must be

truthful, the customer must have complete freedom in choosing his attorney

for the legal services, the lawyer must not have any direct or indirect "

reward" or other premium coming to him from the real estate firm as a

result of his relationships with the real estate firm, and full disclosure

must be made as to all of the understandings and relationships between the

two professional organizations which might influence the attorney's

independent judgment. [See DR:2-103(A)(1), (2) & 2-103(D)]

 

Committee Opinion January 18, 1984

 

CROSS REFERENCES

 

See also LE Op. 1329.