[WSBARP] closing agent & party attorney - ethics?

[Matthew R. Johnson]

What is the general consensus of an attorney acting as both a party attorney
during negotiations and then service as the closing agent to a real property
transaction? 

 

Logically, I think it is well within reason to represent one parties
interests until that point where there is a meeting of the minds and then
fulfill the duty of impartiality to both sides in carrying out the closing.
I have not been able to find clear guidance in any secondary sources that I
have access to, but anecdotally I know a few attorneys who do or have done
it.  

 

In my case law search for an answer it seems to be allowable in a commercial
transaction so long as each party is independently represented. Hurlbert v.
Gordon, 64 Wash. App. 386, 398 (Div. 1 1992); see Stiley v. Block, 130 Wash.
2d 486, 501-02 (1996). (also commercial transaction). 

 

Would that change in a non-commercial transaction, or where one of the
parties is not represented? 

 

As a practical matter, to those that do it, is it just a matter of getting
adequate written disclosures, consents, and encouraging the other side to
obtain representation prior to closing?

 

Any thoughts or directions to good articels would be appreciated. 

 

Matthew R. Johnson| Attorney at Law

Gravis Law, PLLC

P.O. Box 182 | 350 E. Main St. 

Dayton, WA 99328

509-382-2030 (office)
 <https://www.gravislaw.com/> Website -
<https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a> LinkedIn

 

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