Varley Law Office PLC

Varley Law Office PLC
201 NE 2nd ST, Stuart, Iowa 50250; (515) 523-2456

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Sunday, January 20, 2013

Dual Represntation

_____Representation of both buyers and sellers in a real estate transaction gives rise to apparent, potential, and actual conflicts of interest. An attorney may provide legal services in such a situation only if there has been a full disclosure of the conflict of interest in writing and an explicit waiver of any actual or potential conflict of interest by the parties involved. Potential risks of waiving any objection to the conflict of interest include the following: ___1....Should a legal dispute arise between the buyers and the seller, I would be prohibited from rendering further legal services for either party in this matter. ___2....Information that would otherwise be protected by attorney-client confidentiality may be disclosed to the opposing party as a result of dual representation. ********************************************************** ______I do not recommend such dual representation, but it is not unheard of in rural Iowa, where relatively small stakes and economy often take precedence over an abundance of caution. In such situtations you should treat me as if I am working for the other side, because I am, regardless of who is paying the bill. ************************************************************* ______You are advised to seek independent legal advice regarding whether you should waive any actual or potential conflict of interest. You should not sign any document that you do not fully understand.

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