Originally held on 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.
DVDs & CDs: $229 Member | $329Nonmember
On-Demand: $179 Member| $279 Nonmember
Materials Only (No CLE Credit): $99 Member | $129 Nonmember* New York residents will be charged the New York sales tax for all audio visual purchases.
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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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This program provides 3.0 credits in ethics for the New York & New Jersey MCLE requirements. California & Pennsylvania credit differs as it is based on a 60-minute credit hour. The live program provided transitional credit to newly admitted attorneys; the recording does not provide transitional credit.
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Sponsorship Opportunities are Available! Please Contact:
Maricela Alfonso, Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org______________________________________________________________