Can a attorney who is representing a client on domestic issues for a nasty divorce also handle all the closings that the same client has in her real estate business? If so, does she have to disclose this to all the parties at the closings?
Country relating to Question: United States
State (if USA): Georgia
Research; States that is is a conflict of interest and there are steps that the attorney has to take and document as well as disclosures? Need to better understand this. Plus the attorney is benefiting in handling the closings, as she is getting paid by these for the actual divorce case. She also is handling closings on the business that the couple OWNED JOINTLY, which is NOT resolved yet as to who gets what!
Thank you for your question. Is the husband aware that this attorney is representing his wife in the divorce?
Yes, she suddenly came into the 2 year long divorce about 8 months ago, not even getting the signature from the attorney she did have and took off filing things on the divorce. We did not know that she was doing closings for her real estate company and his, until a deposition recently that the wife admitted that this was how she was paying her divorce attorney bills, was by providing her attorney with all her closings!
I'm very sorry, but I have to go offline and must opt out. Your question will be posted back to the boards. No need to respond, as that will send the question back to me.
Dear JACUSTOMER - If the attorney is representing the interest of both parties in the real estate matters and only one party in the divorce then my opinion is that it is a Conflict of Interest unless all parties are notified in writing and approve of the representation. It would have no affect on the other parties to the real estate transactions but if the money from the closings belong to both parties in the divorce then it certainly would be a conflict if one of the parties was not notified or approved. This can and should be reported to the Bar Association in writing as an ethics complaint. I have provided the website below for your convenience.
25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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