Advisory Committee on Judicial Ethics — Conflict of Interest: Opinion 891

Daily Record Staff//February 15, 2012//

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NYS Advisory Committee on Judicial Ethics

Interest in Title Company

Opinion 891

Background: The inquiring attorney asked whether an attorney may refer work to a title abstract company or a title company agent in which the attorney has a financial interest. The inquiring attorney also asked whether he may represent a client in a transaction where the title company in which the attorney has a financial interest is providing services to that client.

Opinion: An attorney may refer a client to a title abstract company or title company agent in which the attorney has a financial interest in the limited case where the company or agent does only ministerial acts. The attorney’s personal interest conflict arising from the financial interest may preclude the attorney from representing the client in the same transaction that the title abstract company or title company agent is providing services in.

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