March 20, 2017| 6:00 pm – 8:45 pm
Geoffrey R. Mazel
Hankin & Mazel, PLLC
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A vast majority of attorneys, whether in a small firm or large firm, will be involved in a real estate transaction in the course of their practice. There are a great many ethical pitfalls which one may fall into while handling a real estate transaction. Some of these ethical issues are obvious and others are far more difficult to recognize. This updated course will examine in detail day-to-day ethical issues that confront real estate attorneys and the general practitioner. Special emphasis will be made on conflicts of interest, the holding of escrow monies and title issues.
Live Program: $229 Member | $329 Nonmember
Small Law Firm: $119 Member
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Eric M. Goidel
Borah, Goldstein, Altschuler, Nahins & Goidel, P.CArthur W. Greig
Law Offices of Arthur W. Greig, P.C.Mark L. Hankin
Hankin & Mazel, PLLCAlexander D. Phillips
President/Counsel
Island Abstract, Inc. -
6:00 pm – 6:05 pm Introduction Geoffrey R. Mazel
6:05 pm – 6:25 pm Potential Conflicts of Interest & Other Ethical Issues - Representation of Both Buyer & Seller
- Representation of Both Buyer & Lender
- Acting as Real Estate Broker & Attorney
- Acting as Mortgage Broker & Attorney
- Requirement of Obtaining Signed Engagement Letter
- Effect of Release Obtained During Representation
- Use of Paralegals & Clerks at Real Estate Closing
- Use of Undertaking at Closings
Mark L. Hankin & Geoffrey R .Mazel
6:25 pm – 6:45 pm Ethical Considerations Regarding Cooperatives/Condominiums - Shareholder/Unit Owner as Attorney for the Board
- Board Member as Attorney for the Board
- Representing the Board & Shareholders/Unit Owners and/or Individual Shareholders/Unit Owners
- Representing the Board & the Managing Agent and/or Individual Board Members
- Representing Multiple Boards for a Managing Agent
Eric M. Goidel
6:45 pm – 7:00 pm Disciplinary Committee: Background Procedural Review - Committee Jurisdiction & Powers
- Types of Discipline
Arthur W. Greig
7:00 pm – 7:15 pm Break 7:15 pm – 7:40 pm Holding of Escrow Monies - Detailed Review of Disciplinary Rule DR 9-102 [22 NYCRR § 1200.46]
- Preserving Identity of Funds & Property of Others
- Fiduciary Responsibility
- Commingling & Misappropriation of Client Funds or Property
- Maintenance of Bank Accounts, Record Keeping & Examination of Records
- Paying of Escrow Monies into Court
- Review of Case Law
Arthur W. Greig
7:40 pm – 7:50 pm Role of Title Company - Review of Bar Association Opinions: Conflicts of Interest
- Attorney or Family Member of Attorney Owning Title Company
- Acting as Both Title Company & Attorney for the Buyer Company
- Acting as Both Title Company & Attorney for the Lender Company
- Preferred Title Company in Condominium Offering Plans
Alexander D. Phillips
7:50 pm – 8:10 pm Considerations in Commercial Transactions - Attorney Opinion Letters;
- Dealing with Corporate Clients-resolutions; Board Authority vs. Individual Authority;
- Case law & General Discussion
Eric M. Goidel, Geoffrey R. Mazel
8:10 pm – 8:30 pm Recent Issues & Panel Discussion - Update on Hot Topics–TRID
(TILA-RESPA Integrated Disclosure)
- Best practices & Discussion
Geoffrey R. Mazel & Panelists
8:30 pm – 8:45 pm Question & Answer Session Panelists
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NY: 3.0 ethics
NJ: 3.0 professional responsibility
CA: 3.0 professional responsibility
PA: 2.5 professional responsibility -
Sponsorship Opportunities are Available! Please Contact:
Maricela Alfonso, Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org______________________________________________________________