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Joseph
Joseph, Lawyer
Category: Legal
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Experience:  Attorney with significant and substantial experience in multiple areas of law.
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My son went to see a lawyer (who is also a Real Estate broker)

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My son went to see a lawyer (who is also a Real Estate broker) to revoke my power of Attorney over the property he is selling due to my health issue. He told my son that if the Real Estate Agents cannot perform she will sell the house for him. That is a violation of the code of Ethics? I would like to report him but I don't know the right address in San Diego Bar Association. Please guide me. Thank you...Mylene
Submitted: 11 months ago.
Category: Legal
Expert:  Joseph replied 11 months ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.


I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Can you tell me whose name the property is in. It seems that your son would be trying to get power of attorney over you (due to a health issue) rather than revoking your power of attorney. Unless you had power of attorney over him?

Please explain; thank you.

Also, this attorney is just acting as his attorney, correct?

Customer: replied 11 months ago.


My son owns the house. He is not getting someone to replace me. He thought that the sale of the house is not fast enough. So he decided to handle it by himself and he asked this lawyer demanding for the status of the sale . Then she offered her services that she can list the property. That's a conflict of interest?

Expert:  Joseph replied 11 months ago.
I'm still not clear on whose attorney this is.

Am I correct that he went to an attorney to get advice who was not involved in the sale at that point?
Customer: replied 11 months ago.

She is the attorney of my son hired to do revocation power of attorney. I received the letter But she wants to sell the property instead of the agents that are working on it. In other words she wants my son to fire the agents so she can list the property.

Expert:  Joseph replied 11 months ago.
Yes, I understand. I will look into this issue and get back to you shortly.

Thank you.
Expert:  Joseph replied 11 months ago.
Hello Mylene,

I’m afraid that it’s very unlikely that the attorney has engaged in any professional misconduct or ethical violations. An attorney has a duty to avoid representing interests that are adverse to his or her client, but that doesn’t prevent an attorney from engaging in a business relationship with a client while also representing the client. The attorney would just need to ensure that his business interests are not adverse to the client, and that they wouldn’t infringe on the ability to represent a client competently.

For more information see here:

http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule3310.aspx

So, unless the attorney were attempting to gouge your son for a higher commission rate than that that would be paid to the other brokers, it is actually not misconduct or unethical to inform your son that she would be willing and interested in acting as his broker if his relationship with the other brokers didn’t work out.
That said, you can still make a complaint about the attorney, but the proper place to file the complaint is the California State Bar. (Bar Associations of cities do not have any authority to regulate attorneys, they are just for networking. Only the state can impose discipline for misconduct).

You can file a complaint using the information available online here, although, in the vast majority of circumstances, these types of complaints would need to be filed by the client him or herself, since a client is free to waive any conflict of interest or adverse interests that may exist.

http://www.calbar.ca.gov/Attorneys/LawyerRegulation/FilingaComplaint.aspx


I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you (as I myself am very opposed to these types of tactics used by police officers), but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!

Joseph, Lawyer
Category: Legal
Satisfied Customers: 4979
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 12 other Legal Specialists are ready to help you
Expert:  Joseph replied 11 months ago.
Hello Mylene,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph


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