Fort Lauderdale Real Estate Legal Question |How Does The Attorney-Client Privilege Apply In A Real Estate Transaction?
May 27, 2008
The attorney-client privilege is the basis for which confidential communication must be protected when legal counsel is sought. The idea of the privilege is that it belongs to you, not the attorney, and hence only you may waive it.
The confidential communication covered by this privilege may be written or oral, but it must occur under the existence of legal counsel. It also covers the initial consultation with a potential attorney, even if you later decide not to retain the attorney’s services.
This important privilege extends beyond death and will only be waived under those circumstances in very rare cases.
There are limits to this privilege that may apply depending on the situation being adjudicated. For instance, confidential disclosure about a future crime is not protected as the attorney is required to reveal such information to enforcement officials.
However, communications regarding past crime or fraud are within the attorney-client privilege and may not be disclosed without your consent. Thus, said privilege is the strongest where a client seeks counsel’s advice to determine the legality of conduct before taking action.
If the attorney breaks the privilege without your consent or court order, you can seek to suppress the attorney’s testimony or seek to have the case dismissed. Moreover, you could sue the attorney for malpractice for invoking the privilege without court order or your consent.
It is important when hiring a Realtor to decide how the Realtor will be working for you and what duties they do or do not owe you. In Florida, Realtors are presumed to be “Transaction Brokers,” unless a single agent or no brokerage relationship is established in writing. A transaction brokerage is a form of limited representation which does not create a fiduciary relationship.
The transaction broker does not affirmatively represent you, and no fiduciary duties exist, except for the duty of accounting and the duty to use skill, care, and diligence. Thus, the transaction broker is not a fiduciary of any party.
In contrast, a fiduciary relationship does exist between you and your attorney. Remember that the attorney-client relationship is one of confidence meaning that an attorney cannot divulge any information obtained in the course of representing you, unless otherwise agreed. It allows you to be open and honest with your attorney in order for you to get the best and most competent legal advice and representation.
When buying your Fort Lauderdale real estate home or condo, we here at the Fort Lauderdale Real Estateblog recommend using the services of a competent and experienced legal professional to handle your closing. We utilize Wesoloski and Carlson because of the Attorney-Client privilege you will enjoy and because there is too much room for err in a real estate transaction.When you choose us to represent you in your buying or selling decision on a Fort Lauderdale real estatehome or condo, we work to insure your safety in the transaction both legally and financially and utilize an attorney to keep the transaction as discreet as possible.
When buying a luxury Fort Lauderdale real estate home or condo and when buying via a cash transaction, this is a very important service that we provide for you, our valued client.
Erik Wesoloski is a contributing expert author on the Fort Lauderdale Real Estate Blog.
Erik Wesoloskiis a shareholder of Wesoloski Carlson, P.A., a law firm located on Brickell Avenue in Miami, Florida. Erik graduated from The University of North Carolina at Chapel hill School of Law in May 2001, and is licensed to practice law in the State of Florida. Erik also has a Masters in Latin American Studies from The University of Texas at Austin which he obtained in August 1998, a Masters in History from Emory University achieved in 1996 and a Bachelors in History from Emory University also achieved in 1996.
Mr. Wesoloski’s law practice concentrates in real estate litigation and real estate transactions. Erik began his career in the corporate practice group of Kilpatrick Stockton LLP and in 2003 became a founding shareholder of Wesoloski Carlson,P.A.
Mr. Wesoloski is fluent in Spanish and proficient in Portuguese.
Contact him at 305-329-1020. You can reach Erik on the web at http://www.wesoloskicarlson.com/
You can also email Erik at erik@wesoloskicarlson.com
Erik Wesoloski, Esq.
Wesoloski Carlson, P.A.
777 Brickell Avenue, Suite 710
Miami, Florida 33131
erik@wesoloskicarlson.com
http://www.wesoloskicarlson.com/
Tel 305-329-1020
Fax 305-532-7804
The article is not intended to be legal advice. If you are faced with a foreclosure action please consult with an experienced real estate litigation attorney. Wesoloski Carlson, P.A. is a law firm based in Miami, Florida and its attorneys are licensed in the State of Florida.
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