Ezel / Ethics Opinions / CTBAR

May a Connecticut lawyer act as both lawyer and real-estate agent in one transaction and advertise discounted legal fees?

Short answer Sometimes. The dual role requires Rule 1.8 disclosures and conflict analysis; it is generally possible for a seller or exclusive buyer's broker, but not for a buyer's lawyer who owes duties to the seller as a subagent.
Bar
CTBAR
Issued
February 18, 2015
Source
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Apply this to your situation

This page answers the general question as of 2015. Ask about yours and see what the current Connecticut Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2015
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

Because the lawyer earns a percentage-based real-estate commission, acting as both lawyer and agent is a business transaction with the client under Rule 1.8(a). The terms and the lawyer's interest must be fair, reasonable, and written; the client must receive written advice to consider independent counsel, give informed written consent, and be told in writing that the lawyer is providing legal services.

A seller and seller's agent generally share the goal of completing the sale, so the dual role is ordinarily possible with Rule 1.8 compliance. A buyer's agent benefits from a higher sale price while the buyer seeks a lower price, creating a personal-interest conflict under Rule 1.7. An exclusive buyer's broker may proceed if Rules 1.7 and 1.8 are satisfied, but a buyer's lawyer who is the listing broker's subagent has a nonconsentable conflict because the lawyer owes duties to the seller.

Rule 1.5 permits free or discounted legal services when the fee arrangement and scope are properly communicated in writing. Advertising the discount is permissible if it is not false or misleading, identifies the lawyer's usual comparable fee, and satisfies filing and advertising rules. Rule 7.3 generally bars personal solicitation of the lawyer's current real-estate client for legal work.

In practice

Under this opinion, the permissibility of a lawyer-realtor dual role turns on whose agent the lawyer is, how the commission affects the lawyer's judgment, and whether the written transaction and conflict requirements can be satisfied. The fee discount does not cure a nonconsentable agency conflict.

Common questions

Q: May a lawyer act as both seller's lawyer and seller's real-estate agent?

A: Generally yes absent unusual circumstances, if Rule 1.8's written fairness, independent-counsel, role, and consent requirements are satisfied.

Q: May a buyer's exclusive broker also serve as the buyer's lawyer?

A: Potentially, after the personal-interest conflict is analyzed and Rules 1.7 and 1.8 are satisfied.

Q: May a seller's subagent serve as the buyer's lawyer?

A: No. The opinion treats the duties owed to the seller as creating a nonconsentable conflict.

Q: May the lawyer offer free or discounted legal services?

A: Yes, when the fee remains reasonable and the written agreement states the scope and fee basis.

Q: May the lawyer advertise the discount?

A: Yes, if the advertisement is substantiated, is not misleading, identifies the comparison to the lawyer's usual fee, and complies with applicable advertising requirements.

Q: May the lawyer personally solicit a real-estate client for legal work?

A: Generally no under Rule 7.3(a), absent one of the rule's stated exceptions.

Background and rules framework

Rules 1.8(a) and 1.7 govern the business transaction and personal-interest conflict. Rules 1.2 and 1.5 govern scope and fees. Rules 7.1 through 7.3 govern discount advertising and solicitation, while Rule 5.4(b) limits partnerships with nonlawyers.

Citations and references

Connecticut Rules of Professional Conduct:

  • Rules 1.8(a)(1)-(4), 1.7(a), 1.7(b), 1.2, 1.5, 5.4(b), 7.1, 7.2, and 7.3

Statutes and court rules:

  • Conn. Gen. Stat. §§ 20-320a and 20-325
  • Connecticut Practice Book § 2-28A

See also

Source

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