August 11, 2008
More Both Sides Now
The New York Appellate Division for the Fourth Judicial Department sanctioned an attorney who had represented both the buyer and seller in a real estate transaction. While both parties had consented to the joint representation, the attorney had failed to make required disclosures as to the nature of the conflict of interest. The sale had taken place in 1993 and a dispute between the parties regarding the content of the land survey arose in 1995. The lawyer then filed an altered land contract on behalf of the buyers.
The court considered the attorney's record of public service, lack of prior discipline , remorse and the remoteness of the misconduct as mitigating factors. The court imposed censure.
This link takes you to the court's web page. The case is Matter of Mc Kelvey, decided July 11, 2008. (Mike Frisch)
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