Some Ethical Duties Of Real Estate Attorneys

The purpose of this article is to provide a general discussion on some of the ethical duties of real estate lawyers in real estate litigation and court proceedings. There are a variety of professional duties and fundamental ethics that a real estate attorney owes to his client.

Honesty is paramount in real estate litigation

A real estate lawyer should ask pertinent questions in the first client meeting that touch on each of the real estate elements. However, those who are trying to persuade the attorney of the merit in their lawsuit do not always share the pertinent details with the attorney. An experienced real estate lawyer should evaluate- Was there an actual misrepresentation or active concealment of some relevant fact? Did the client inadvertently steal the information at the first time? Did the other party try to defraud the client?

Duty to look behind their client instructions

A lawyer who receives instructions to put material before the court that he or she ought to reasonably conclude is false or misleading, must seek further corroboration from the client or elsewhere before proceeding. If the lawyer later becomes aware that the material was false or misleading, he or she must rectify it. A real estate legal attorney who misleads the court may be found guilty of professional conduct. They must therefore ensure that the evidence is presented in an articulate manner and that the evidence addresses the relevant factual issues.


One of the essential ethical duties of a real estate lawyer is to preserve the privacy of her/his client. A lawyer cannot break the bond of confidentiality with his/her client

Must Not Create Evidence that does not exist

A real estate lawyer should not generate evidence that does not exist. The ethical duty that demands a lawyer not knowingly mislead the court is reinforced by a further obligation to correct an accidental misstatement as soon as possible after the statement has been discovered as inaccurate. Real estate fraud attorneys must also delve into whether the potential client was true or not. While a person may breach a contract or commit fraud, it does not necessarily follow that the victim is injured by the fraud.

Real estate lawyers must not only obey the law but must also ensure the efficient and proper administration of justice. This is a duty owed to society as a whole. They must not mislead the court and must act with competence, honesty and courtesy towards other solicitors, parties and witnesses.