attorney grenerals rules governing how a developer may test market a new development

by Mr. Joel Purdy V 9 min read

Why are the ABA rules important?

Compliance with them serves as no protection for a lawyer who advertises in ways in violation of the lawyer’s state rules. The Model Rules are developed to assist the states, but few states have adopted the ones governing client development (Rules 7.1 through 7.5) verbatim. The ABA rules are important, however, because nearly every state has embraced them as a core of their rules. The states then embellish from there.

What is ethics opinion?

Ethics opinions are issued by bar association or court committees and apply the rules to various factual situations. Although they are not binding in most states, they generally provide good direction. At the same time, an ethics opinion in one state may come to a different conclusion than an opinion in another state, even when applying the same facts to the same rules. This was the situation for the states that examined lawyers’ participation in daily deals, such as Groupon’s.

What is the 80/20 rule?

The IRS 80/20 rule is. a federal tax rule that requires residential co-ops to get at least 80 percent of their gross income from their tenant-shareholders and no more than 20 percent from other sources like commercial rents. On December 20, 2007 President Bush signed into law.

What is alteration agreement?

an alteration agreement. When a prospective purchaser wants to buy into a cooperative, the board will normally require a . private interview along with an application packet. In a co-op, since the purchaser is actually buying shares in a corporation rather than real estate, the purchaser gets a type of loan called a.

What is condo bylaws?

The bylaws are. the basic rules under which the condominium operates. The condo sponsor is. the condo's owner or developer. The sponsor appoints the. board members, appoints the managing agent, and puts a limit of his or her own control of the board.

What is fee simple ownership?

a fee simple ownership. For the shareholders, their interest is a leasehold estate. Some cooperatives have a flip tax that is imposed when the unit transfers.

What is a co-op loan?

When a prospective purchaser wants to buy into a cooperative, the board will normally require a. private interview along with an application packet. In a co-op, since the purchaser is actually buying shares in a corporation rather than real estate, the purchaser gets a type of loan called a. share loan from a lender.

What is a three party contract?

a three-party contract. Primarily, it is between a tenant-shareholder's lender and the co-op, which is then signed and approved by the shareholder. Cooperatives that allow sublets have some potential negative issues to deal with. For example, if the percentage of sublets is high, the cooperative may not be able to.

What is condop in real estate?

A condop is. a building which has been divided up into mixed-use segments, with each segment receiving a condominium unit deed.

Aba Ethics 20/20

Pay-Per-Lead

  • First, the commentto Model Rule 7.2 explicitly embraces “pay-per-lead.” At the 2012 ABA Annual Meeting, the House of Delegates adopted a change to the comments to the Model Rule governing lawyer advertising that states: … a lawyer may pay others for generating client leads, such as Internet-based client leads, as long as the lead generator does not...
See more on attorneyatwork.com

State Rule Changes

  • While the ABA focuses on the prohibition against false or misleading communications, and includes a handful of rules imposing requirements and limitations on advertising and solicitations, several states take a more micro view and set out detailed obligations. The related ABA Model Rules cover about four pages. Those of states such as Florida and Nevada have three to four ti…
See more on attorneyatwork.com

Ethics Opinions

  • States have issued ethics opinions to address using Internet-based technology for marketing legal services since the 1990s. Ethics opinions are issued by bar association or court committees and apply the rules to various factual situations. Although they are not binding in most states, they generally provide good direction. At the same time, an ethics opinion in one state may come to …
See more on attorneyatwork.com

Disciplinary Action For Blogging

  • Was there ever a time when lawyers didn’t blog? Seemingly they have been doing it forever. However, it took a Virginia disciplinary case for the legal community to get its first direction on the ethical compliance of blogging. Horace Hunter dedicated a portion of his firm’s website to a section called “This Week in Richmond Criminal Defense.” Some argue it was not a blog at all, bu…
See more on attorneyatwork.com

Looking Forward

  • So, 2012 provided us with better insights into pay-per-lead, solicitations, daily deals and blogging. What will we see in 2013? We’ve gotten our first glimpse already, as California has issued an ethics opinion providing direction on when the ethics rules apply to a lawyer’s use of social media. The bottom line: The rules apply if the content of the message is “concerning the availability of p…
See more on attorneyatwork.com

Subscribe to Attorney at Work

  • Get really good ideas every day: Subscribe to the Daily Dispatch and Weekly Wrap(it’s free). Follow us on Twitter @attnyatwork.
See more on attorneyatwork.com