in which of the following does an attorney rent an office that is vacant in an established firm?

Can a lawyer represent a different client from a prospective client?

Amy is in the process of finding an attorney to represent her new business. Which of the following would be appropriate steps that would lead her to find a suitable attorney: a. Amy should decide whether she wants to work with a small or large law firm. b. Amy should interview as many attorneys as possible.

When does a lawyer not have to provide more extensive services?

An attorney employed by a law firm who may someday become a partner and share in the firm’s profits is called a(n): a. Staff attorney b. Associate attorney c. Contract attorney d. Law clerk ____ 20. Attorneys who are not partners in the firm and thus do not share in the profits are called: a. Associate attorneys b. Managing attorneys c.

When does a lawyer have a duty to abide by a client?

1. Expedite litigation in the interests of the client. 2. Be truthful to the court or tribunal. 3. Be fair and homest to the opposing party and do nothing to obstruct his or her case. 4. Not engage in conduct intended to disrupt a court. 5.

What is an agent in the same office called?

Time is of the essence means all deadlines are firm, with no grace periods of a “reasonable time.” For example, under a time is of the essence contract, if closing must be completed by 4 pm on a certain date and the buyer does not arrive at the lawyer’s office until 4:05 pm, the …

What is the law of agency?

The law of agency is law from judgments and decrees as opposed to law established by legislatures or other governing bodies. In many states, statutes have been enacted to further define agency representation with laws and regulations that set forth the responsibilities of real estate licensees to clients and customers.

What does 50 real estate agent do?

In order to build up her business, she targets owners of properties that have been listed for sale for more than 12 months. She assumes the reason for the failure to sell must be some fault of the listing agent. She tells each owner they have a right to expect better service and the legal grounds they can use to cancel their listing agreements with their current agents. This practice is

What is a real estate professional?

A real estate professional is a licensed real estate salesperson who has a written contract with his broker that specifies that he will not be treated as an employee. The real estate professional's entire income is from sales commissions rather than an hourly wage. Based on these facts, the real estate professional will be treated by the IRS as

What does a real estate salesperson do?

A real estate salesperson calls the listing agent and makes an appointment to show the couple the property. Without having the couple sign a written buyer agency contract, the salesperson drives Jeff and Susan to the house, and even recommends that before they buy the house they secure an independent property inspection.

What is a listing agent?

27. A salesperson verbally agrees to represent a homeowner couple as clients in the sale of their principal residence. An agent in the same real estate office shows the home to a buyer, who presents a written offer. The listing agent is called

What is a real estate brokerage agent?

Real estate brokerage agents are special agents, having only the ability to expose a property to the marketplace, show it, and negotiate. The listing agent does not have the ability to bind the seller to a contract. General agents, on the other hand, have the ability to bind their principals.

Can a listing agent be a transaction agent?

The answer is a transaction agent. Before a listing agreement is signed, the licensee cannot act as the agent for the owner. The listing agent can only act as a transaction agent.

What is an attorney at law?

An attorney at law is exempted from licensing requirements when performing her duties as an attorney. The exemption doesn't apply to an attorney who provides real estate brokerage services not directly connected to a client matter.

What is the Center for Real Estate Research?

The Center for Real Estate Research studies local economic conditions and proposes changes to real estate education curricula. It does not have a role in establishing listing prices.

How long do you have to be a real estate broker?

An applicant must have been licensed as a full-time real estate broker for at least three of the preceding five years in this state, or in any other state with comparable licensing requirements.

How many hours do you need to renew your real estate license?

Of course, when the licensee renews for the first time, she must complete 90 clock hours: 30 hours in advanced real estate practices, 30 hours in real estate law, and another 30 hours in elective courses.

Does ABC Real Estate have to be listed on a business card?

The license law requires that all advertising must include the brokerage firm's name, as licensed, so the name of ABC Real Estate would need to appear in all advertising. An affiliated licensee's business card lists the name under which she does business as well as the brokerage firm's licensed name.

Is selling real estate without a license a felony?

Selling real estate without a license is a gross misdemeanor, which in terms of seriousness is somewhere between a misdemeanor and a felony. Under the Washington real estate license law, someone must have a license in order to: A.cold call listing prospects and offer to perform brokerage services.

Do real estate ads have to be named?

A.No, because ads must give the name of the firm. Under Washington's real estate license law, every advertisement placed by a licensee on behalf of others must contain the name of the real estate firm as licensed. This is true even if a licensee conducts his own operations under a separately named business entity.

Why did a broker deposit his client's earnest money check in his personal account?

A broker deposited his buyer client's earnest money check in his personal account because it was more convenient than making a trip downtown to deposit at the bank where he has an escrow account. The broker is guilty of

What is the right of a tenant to use the property?

The tenant has the right to exclusive possession of the property during the period of the lease and can use the property in any legal manner agreed to in the lease document and permitted by law.

What is a buyer's broker agreement?

A buyer's broker agreement is between a potential buyer and a seller.

Which deed gives the greatest amount of protection to the purchaser?

The general warranty deed gives the greatest amount of protection to the purchaser.

Do you have to have an attorney present at closing?

Federal law requires that an attorney for the seller must always be present at the closing.

Who is responsible for removing a tax lien?

It is the seller' s responsibility to remove any encumbrance, such as a tax lien, that appears in the public record.

Can a lease be terminated without obligation?

A lease for a stated period may be terminated without obligation by either party at any time.

When talking with a broker about listing his home for sale, did Frank Jackson make it clear that he did not

When talking with a broker about listing his home for sale, Frank Jackson made it clear that he did not want to have the whole house showing to people who would change the neighborhood. What must a broker do?

What is the duty of an agent?

Agents are expected to serve principles with informed knowledge and skills. This is referred to as their duty of

What is the closing of a real estate transaction?

One is the closing of the real estate sale in which the deed is delivered in exchange for the purchase price. The other is the closing of the

Why is real estate taxation so complex in New Jersey?

Agriculture. Real estate property taxation in New Jersey is complex because not all townships within the state. Assessed property exactly at market value. If a private party purchases a tax sale certificate on a property, the purchaser cannot obtain clear title to the property for.

What are the two main documents in a mortgage?

The two main documents in a mortgage are the mortgage and the note. The note is

What is privileged attorney?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...

What is the client privilege?

The Client's Privilege. Generally, the attorney-client privilege applies when: an actual or potential client communicates with a lawyer regarding legal advice. the lawyer is acting in a professional capacity (rather than, for example, as a friend), and. the client intended the communications to be private and acted accordingly.

What is an example of a civil suit?

Example: In a civil suit regarding allegedly stolen funds, the judge orders the defense to turn over to the plaintiff documentation of conversations between the defendant and his attorney. The defense argues that the attorney-client privilege applies, and that the documents are protected. But the documents relate to plans between ...

Can an attorney disclose client secrets?

Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.

Can a lawyer disclose confidential information to a prospective client?

Preliminary communications between a potential client and a lawyer are normally subject to the attorney-client privilege. That means that lawyers can't disclose what prospective clients reveal in confidence even if the lawyers never ends up representing them. ( In re Auclair, 961 F.2d 65 (5th Cir. 1992).) To be sure, though, you should confirm with a prospective lawyer that the privilege applies before you reveal anything you want to keep secret.

Can a client overheard a lawyer testify?

But a client who speaks to a lawyer in public wouldn't be able to prevent someone who overheard the conversation from testifying about it. Similarly, a client can forfeit the attorney-client privilege by repeating a conversation with an attorney to someone else, or by having a third person present during a conversation with the lawyer. No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Is attorney client privilege inadmissible?

If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.

What is a lawyer responsible for?

Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of

When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.#N#When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.#N#Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6 (a) to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests.

Why do lawyers delay information?

In some circumstances, a lawyer may be justified in delaying transmission of information when the client would be likely to react imprudently to an immediate communication. Thus, a lawyer might withhold a psychiatric diagnosis of a client when the examining psychiatrist indicates that disclosure would harm the client. A lawyer may not withhold information to serve the lawyer's own interests or convenience or the interests or convenience of another person. Rules or court orders governing litigation may provide that information supplied to a lawyer may not be disclosed to the client.

What is the role of a lawyer in the adversary system?

As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others.

What is a group of lawyers?

A group of lawyers could be regarded as a firm for purposes of a rule that the same lawyer should not represent opposing parties in litigation, e.g., Rules 1.7 (a), 1.10 (a), while it might not be so regarded for purposes of a rule that information acquired by one lawyer is attributed to another, e.g., Rule 1.10 (b).

Why are lawyers important?

Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Rules of Professional Conduct, when properly applied, serve to define that relationship.

Is it a public interest to keep information confidential?

Although the public interest is usually best served by a strict rule requiring lawyers to preserve the confidentiality of information relating to the representation of their clients , the confidentiality rule is subject to limited exceptions. In becoming privy to information about a client, a lawyer may foresee that the client intends or learn that the client has caused serious harm to another person. However, to the extent that a lawyer is required or permitted to disclose a client's purposes or conduct, the client may be inhibited from revealing facts that would enable the lawyer effectively to represent the client. Generally, the public interest is better served if full disclosure by clients to their lawyers is encouraged rather than inhibited. With limited exceptions, information relating to the representation must be kept confidential by a lawyer, as stated in paragraph (a).

How much of the property does the joint tenant own?

The two remaining joint tenants now own one half of the property each as joint tenants.

What is a broker contract?

serve as a contract of employment between the owner and the broker.

What is exclusive right to sell?

In a typical Exclusive Right To Sell Listing Agreement, there is a clause stating that if the listing period expires and a buyer that was shown the property during the term of the listing becomes the purchaser, the broker is entitled to compensation. If the property is listed by another broker this clause is inoperative. This clause is known as the