Opinion Number 615-
The parties to a real estate transaction, involving the sale of a home, have agreed upon the purchase price, the time and manner of payment, and the other terms and conditions of the sale, Title insurance will be obtained for the Purchaser. The Seller and Purchaser have requested Seller’s lawyer to represent both parties. Although the lawyer has made full disclosure to the parties of the possible effect of dual representation on the exercise of his independent professional judgment and has urged the Purchaser to retain another lawyer, the parties nevertheless insist that he represent both of them. Is such representation proper?
The attorney would clearly be representing differing interests within the meaning of EC 5-14, 5-15 and 5-16 and within the meaning of the definition of “differing interests” appended to the Code of Professional Responsibility. However, the attorney appears from the question to have complied with the requirements of disclosure and explanation set forth in DR 5-105(C) and EC 5-16. The simple real estate transaction involved here would appear to be one where such compliance should render dual representation not impermissible. N.Y. State 162 (1970). Therefore, the Committee is of the opinion that the proposed representation would be proper.
October 14, 1973