Representation of Two Parties to the Transaction
- Buying an apartment in Israel
- The Lawyer in real estate transactions
More about Haifa
The rule is that a lawyer will not represent two clients with conflicting interests, so the lawyer would do well to refrain from representing a seller of an apartment together with a buyer of that apartment, even if the parties agreed in writing.
Of course, this does not absolve the lawyer from his obligations to each customer individually.
Notwithstanding the above, an attorney may in principle represent both parties to the transaction but must obtain their written consent.
It will be good practice if, in the fee agreement, the lawyer details the consequences of representing both parties. For example, he will specify that in the event of a dispute, he will not be able to represent either party and that his role will be defined and detailed only for specific issues, in which there is less chance of future conflict between the parties.
The duty imposed on the lawyer by law is to act in favor of his sender infidelity, and dedication imposes a rather heavy burden when he purports to serve two clients with conflicting interests.
But his consent to serve them at the same time does not exempt him from this elementary duty, and he must bear the disciplinary and civil consequences resulting from the breach of duty towards one of them.
It should be noted that the lawyer’s duty to act with dedication is in addition to the additional responsibilities that the lawyer has as an agent to act on behalf of his client.
By the way, if you thought that a lawyer-client relationship only applies in the standard cases where a client hires the services of a lawyer, you should think again.
Probably a lawyer who undertakes to take legal action against another party will be subject to a fiduciary duty and a lawyer-client relationship with the other party.
This matter goes far For example, a lawyer who represents an apartment buyer and who takes responsibility for the registration of the apartment on behalf of the sellers under the name of the buyer, and even has the sellers sign a suitable power of attorney, will probably apply to him and them, the sellers, lawyer-client relationship in this matter.