transcript   Transcript

Ethics in Real Estate Transactions: Managing Conflicts of Interest When Clients Lie

Recorded on: Jun. 25, 2018
Running Time: 01:01:13

Full Transcript:



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Taken from the Web Program Negotiating Real Estate Deals 2018 Recorded June, 2018 in New York [01:01:13]
  • Three Salutary Tales – Hypotheticals
  • Lying client – client has relied on false documents
  • Lying client – civil proceeding – lawyer has relied on false documents to a tribunal
  • Financial institution client refuses to file a suspicious activity report
  • What do the Rules of Professional Conduct say?
  • Civil liability issues
  • Who might sue – and for what?
  • Effect of disclosure on liability exposures
  • If we disclose, when do we do it? what do we reveal?
  • An ounce of prevention. . .
  • Due diligence at client intake
  • The value (and importance) of AML laws and regulations
  • Using engagement letters
  • Managing conflicts of interest
  • What do the Rules of Professional Conduct say concerning:
    • Current clients
    • Former clients
    • Multiple and joint representations

Speaker: Anthony E. Davis

The purchase price of this Web Program segment includes the following article from the Course Handbook available online:

  • Extracts from the New York Rules of Professional Conduct
    Anthony E. Davis
  • Hypothetical, Client’s Misstatement—Duty to Correct?
    Anthony E. Davis
  • Hypothetical, A Negotiation Run Amok
    Anthony E. Davis
  • Kendra L. Basner, The Voice, Volume 14, Issue 15, Deciding Between Your Client and Your License: Which Are You Willing to Give Up? (April 15, 2015)
    Anthony E. Davis
  • Romano v. Ficchi, 2009 NY Slip Op. 51011 (U) (N.Y. Sup. 2009)
    Anthony E. Davis
(s)
Anthony E. Davis ~ Hinshaw & Culbertson LLP
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