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Question about lawyer

Posted on 3/11/19 at 6:50 am
Posted by Strannix
C.S.A.
Member since Dec 2012
54206 posts
Posted on 3/11/19 at 6:50 am
I heard this third hand so let’s consider this theoretically. A client saw a piece of property going up for option that they wanted to buy. They go to their banker to get a proof of fund letter and then to their lawyer who handles their estate about moving some funds around etc. to facilitate the purchase. The lawyer strongly advises against the purchase and the client decides against it based on this advice.

The property goes to auction and guess who buys it......the lawyer.

What say the OT
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
27902 posts
Posted on 3/11/19 at 6:51 am to
Lawyer is in trouble. Will likely be disciplined by the state bar association and can be sued for malpractice.
Posted by Strannix
C.S.A.
Member since Dec 2012
54206 posts
Posted on 3/11/19 at 6:53 am to
I don’t think the client took any action. I know he’s super shady
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 3/11/19 at 6:55 am to
Sounds like the client got honeydicked.
Posted by 995webmaster
New Orleans
Member since Dec 2007
3780 posts
Posted on 3/11/19 at 6:55 am to
quote:

Question about lawyer


The Bard gave us the answer to all questions involving attorneys:

The first thing we do, let's kill all the lawyers.

--Henry VI, Part 2, Act IV, Scene 2
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 3/11/19 at 6:56 am to
i would need to know more, but Eric Barfield would probably say that violates a few of our ethical rules. the lawyer appears to have mislead its client and created a conflict of interest at the very least.
Posted by Strannix
C.S.A.
Member since Dec 2012
54206 posts
Posted on 3/11/19 at 6:58 am to
quote:

the lawyer appears to have mislead its client and created a conflict of interest at the very least


From what I heard the lawyer advised the purchase of this particular piece of property would be a poor decision, then buys the property himself and opens a commercial enterprise on it.
Posted by OTIS2
NoLA
Member since Jul 2008
52748 posts
Posted on 3/11/19 at 6:59 am to
quote:

lawyer


The Bard gave us the answer to all questions involving attorneys:

The first thing we do, let's kill all the lawyers.

--Henry VI, Part 2, Act IV, Scene 2


I think you need to read the passage again to get the true meaning.
Posted by NoSaint
Member since Jun 2011
12797 posts
Posted on 3/11/19 at 7:04 am to
quote:

From what I heard the lawyer advised the purchase of this particular piece of property would be a poor decision, then buys the property himself and opens a commercial enterprise on it.



Was there a reason given that it’d be bad?

Sounds sketchy but there’s some consideration that a good investment for me isn’t always a good investment for you
Posted by iwantacooler
Pig Nose Feet
Member since Aug 2017
2797 posts
Posted on 3/11/19 at 7:07 am to
It’s a shame, but 99% of lawyers give the other 1% a bad name.
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
48557 posts
Posted on 3/11/19 at 7:19 am to
quote:

The lawyer strongly advises against the purchase and the client decides against it based on this advice.




So the lawyer saw legal issues with the client buying the property? I'm not sure why you would take a lawyers advice regarding the financial soundness of a transaction.



quote:

The property goes to auction and guess who buys it......the lawyer.




Perhaps the issue that make it legally problematic for the client did not apply to the lawyer?

In other words, not enough info,

Oh, and frick lawyers (as a rule, though I've know a few decent ones in my time)
Posted by boosiebadazz
Member since Feb 2008
86377 posts
Posted on 3/11/19 at 7:21 am to
Going to be fact-intensive on why the lawyer advised against making the purchase, but from what you've presented there could very well be some ethical violations that occurred.
Posted by Strannix
C.S.A.
Member since Dec 2012
54206 posts
Posted on 3/11/19 at 7:40 am to
quote:

lawyer saw legal issues with the client buying the property


No legal issues, just advised against it in his capacity as estate planner
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 3/11/19 at 7:42 am to
quote:

heard this third hand


Anything is possible, but you’d have to be a pretty bad lawyer to do this.
Posted by DevilDagNS
Member since Dec 2017
3016 posts
Posted on 3/11/19 at 7:58 am to
Does (did) said lawyer practice in Covington?
Posted by Koach K
Member since Nov 2016
4818 posts
Posted on 3/11/19 at 8:10 am to
In the old days the ethics rules were simple: avoid even the appearance of impropriety.
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
48557 posts
Posted on 3/11/19 at 8:48 am to
quote:

No legal issues, just advised against it in his capacity as estate planner



Ahh, that makes more sense. There could still be reasons it's a bad idea for the client but not for the lawyer, I guess. But it does sound like the guy might need to switch lawyers ASAP.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41600 posts
Posted on 3/11/19 at 9:28 am to
Question for the attorneys on here... do y'all have a legal fiduciary responsibility to your clients? Ethically yes, but legally?

In other words, were laws potentially broken here, or just ethical codes?
Posted by Murtown
OT Ballerville
Member since Sep 2014
1801 posts
Posted on 3/11/19 at 10:04 am to
quote:

From what I heard the lawyer advised the purchase of this particular piece of property would be a poor decision, then buys the property himself and opens a commercial enterprise on it.


Need more info. Was it a bad investment for the client, but a good investment for the lawyer? Did the lawyer make a disclosure that he was interested in the property?
Posted by FearTheFish
Member since Dec 2007
4555 posts
Posted on 3/11/19 at 10:18 am to
quote:

In the old days the ethics rules were simple: avoid even the appearance of impropriety.
Psh, and how exactly is the MPRE going to make money on the ethics exam if there is only one rule?
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