MAYER & RISER, PLLC
ATTORNEYS AT LAW
H
IGHLANDS, NORTH CAROLINA
(828) 526-3731

All Jokes Aside: Representing Both Sides
by Jack Mayer

    Before moving to North Carolina, I practiced law in the US Virgin Islands. One of the strangest differences between the two places is that in North Carolina, real estate lawyers regularly represent both the seller and the buyer, with the same lawyers representing even the lender if the transaction involves a loan. I had always regarded this as a conflict of interest.

    As I joined an established lawyer and began practicing in Highlands, I went along with the practice, although I was never comfortable with it. This and other differences made me realize just how sophisticated the practice of law had been in the Virgin Islands, particularly when compared to rural areas in the States.

    About five years ago I was pleased to learn that the Ethics Committee of the North Carolina State Bar unanimously adopted two ethics rules barring real estate lawyers from representing both sides, particularly when the lawyer also represented the real estate developer. However, these controversial rulings were only applicable for about six months before they were jettisoned by the State Bar as a result of the protests of real estate lawyers from across the state, particularly from those practicing in Western North Carolina.

    When Betsy and Chris joined my practice shortly after that particular State Bar fiasco, we decided to limit our real estate practice to those clients seriously interested in being independently represented in their real estate transactions. We now only represent one side in a transaction, but have been pleasantly surprised how receptive our clients have been to this arrangement.


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