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Ethics in Real Estate Practice: Navigating Conflicts, Confidentiality, and Disclosure Duties

Real estate attorneys navigate conflicts of interest, confidentiality obligations, disclosure requirements, and multi-jurisdictional practice rules.

2025-09-17 14:00:00

Program Details

2025-09-17 14:00:00

2025-09-17 14:00:00

1h CLE Credits

Program Details

2025-09-17 14:00:00

Program Details

2025-09-17 14:00:00

Over 1,000+ webinars

2025-09-17 14:00:00

Course Overview

Navigating Ethics in Real Estate Law

2025-09-17 14:00:00

Participants will learn to identify and manage conflicts of interest, balance confidentiality with disclosure obligations, and comply with multi-jurisdictional practice rules. These skills help attorneys avoid disciplinary action while serving clients effectively.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Client Identification
Clearly identify who the client is before any conflict analysis can begin.
02
Conflicts of Interest
Understand concurrent conflicts and when representation may proceed with informed written consent.
03
Dual Representation
Dual representation in real estate transactions is very risky and rarely advisable.
04
Confidentiality
Lawyers shall not reveal client information unless exceptions for harm or fraud apply.
05
Disclosure Obligations
Sellers must disclose latent defects; attorneys should advise to disclose rather than withhold.
06
Multi-Jurisdictional Practice
Remote practice requires compliance with ethics rules of all relevant jurisdictions involved.

Program schedule

clock 2:00 pm - 2:15 pm EST

Conflicts of Interest in Real Estate Practice

This session examines how to identify clients and navigate concurrent conflicts of interest under Colorado Rule of Professional Conduct 1.7. Attendees will explore Colorado Ethics Opinion 68 on dual representation and landmark cases like Baldesser and People v. Silveria that illustrate the serious consequences of improper conflict management.

Nathan G. OsbornNathan G. Osborn
clock 2:15 pm - 2:30 pm EST

Balancing Privilege, Confidentiality, and Disclosure Obligations

This session covers Colorado Rule of Professional Conduct 1.6 and the critical exceptions permitting disclosure of client information. Participants will learn when attorneys may reveal information to prevent death, bodily harm, crime, or fraud, and how to handle situations where clients refuse to be truthful.

Nathan G. OsbornNathan G. Osborn
clock 2:30 pm - 2:45 pm EST

Disclosure Obligations and Attorney Fee Management

This session addresses disclosure requirements for sellers, real estate brokers, and attorneys regarding latent defects and adverse material facts. Attendees will also examine trust account management, the dangers of commingling funds, and best practices for structuring flat fee arrangements with clear benchmarks.

Nathan G. OsbornNathan G. Osborn
clock 2:45 pm - 3:00 pm EST

Navigating Multijurisdictional Practice and Remote Work

This session explores the complexities of practicing law across state lines under ABA Model Rule 5.5 and Colorado Rule 8.5. Participants will analyze the Koscove v. Bolte case, pro hac vice requirements, and recent Formal Opinions 495 and 504 addressing remote practice and determining applicable ethics rules.

Nathan G. OsbornNathan G. Osborn
Nathan G. Osborn

Nathan G. Osborn

Montgomery Little & Soran, PC

Nathan G. Osborn

Nathan G. Osborn

Montgomery Little & Soran, PC

Nathan G. Osborn is an Equity Shareholder at Montgomery Little & Soran, PC, where he has built a distinguished practice at the intersection of real estate litigation, real estate transactions, and commercial litigation. Licensed to practice in both Colorado and Nebraska, Mr. Osborn brings a rare dual strength to his work: a seasoned trial attorney who has tried 65 cases, paired with the deep transactional expertise of a full-service corporate counsel. This combined perspective allows him to guide transactional clients around pitfalls that commonly lead to courtroom disputes, while bringing practical, transaction-informed insight to the cases he litigates. Beyond his client work, he is regularly retained as an expert witness in matters involving real estate issues, attorney fees, and trial-related questions.

Education & Credentials

Mr. Osborn earned his Juris Doctor with Distinction in 2007, following a Bachelor of Arts from Texas Christian University in 2003. He is admitted to practice in both Colorado and Nebraska, giving him a cross-jurisdictional platform from which to serve clients throughout the Rocky Mountain and Great Plains regions.

Recognition & Leadership

Mr. Osborn's work has earned consistent recognition from the most respected evaluators in the legal profession. He received the AV Preeminent® rating from Martindale-Hubbell in 2014 — the highest possible rating for legal ability and ethical standards — and has maintained that distinction every year since. He was named a Super Lawyers Rising Star from 2018 through 2021 and has been recognized as a Colorado Super Lawyer in 2023, 2024, and 2025. He has also been honored as a Distinguished Faculty Member by the National Business Institute.

Professional Involvement

A nationally sought-after speaker, Mr. Osborn has delivered well over one hundred continuing legal education programs for organizations including the National Business Institute, the Colorado Bar Association, myLawCLE, WealthCounsel, Halfmoon Education, and the Colorado Real Estate Symposium. His speaking portfolio spans the full breadth of real estate practice, from title insurance, easements, and boundary law to LLC formation, operating agreements, closings, land use, and legal ethics, as well as emerging topics such as the role of generative AI in real estate. He is a recurring presenter at the Colorado Bar Association's Business, Tax, Probate, and Real Estate Luncheon, where he has delivered the annual Real Estate Case Law Update on multiple occasions. As a published author, his work has appeared in The Colorado Lawyer, Probate & Property Magazine (published by the American Bar Association), the Colorado Bar Association Real Estate Law Newsletter, and the Colorado Cattlemen's Association Newsletter, with articles addressing topics such as the use of LLCs to purchase and own rental property, recent Colorado real estate case law, implied easements, and prescriptive easements. In his community, he volunteers as a youth basketball coach.

Experience

Before joining Montgomery Little & Soran, Mr. Osborn served as a Deputy District Attorney in El Paso County, Colorado — foundational trial experience that continues to shape his courtroom approach today. Over the course of his career, he has tried 65 cases across a wide spectrum of real estate and commercial matters, including mineral interest disputes, title insurance contract litigation, lender fraud defense, homeowners' association access disputes, fraudulent conveyance actions, construction defect litigation, judicial foreclosure, boundary and easement disputes, defamation defense, arbitrations involving business misappropriation, and defense of professionals against license complaints. His practice focuses on matters involving real estate title and access disputes, title insurance, boundary and partnership disputes, landlord-tenant matters and leases, foreclosures, title agent negligence, liens, easements, real estate purchases and sales, real estate development, operating agreements, real covenants, partitions, zoning compliance, private and inverse condemnation, treasurer's deeds, vacation rental licensing, bad faith claims against title insurance companies, attorney fee disputes, defamation, and professional licensing defense. He serves a diverse client base that includes title insurance underwriters and agents; commercial and residential landlords and tenants; real estate agents, brokers, and brokerages; real estate developers; and medical professionals such as doctors, dentists and orthodontists, rehabilitation facilities, and physical therapy practices — for many of whom he acts as full-service corporate counsel.
Nathan G. Osborn

Nathan G. Osborn

Montgomery Little & Soran, PC

Nathan G. Osborn is an Equity Shareholder at Montgomery Little & Soran, PC, where he has built a distinguished practice at the intersection of real estate litigation, real estate transactions, and commercial litigation. Licensed to practice in both Colorado and Nebraska, Mr. Osborn brings a rare dual strength to his work: a seasoned trial attorney who has tried 65 cases, paired with the deep transactional expertise of a full-service corporate counsel. This combined perspective allows him to guide transactional clients around pitfalls that commonly lead to courtroom disputes, while bringing practical, transaction-informed insight to the cases he litigates. Beyond his client work, he is regularly retained as an expert witness in matters involving real estate issues, attorney fees, and trial-related questions.

Education & Credentials

Mr. Osborn earned his Juris Doctor with Distinction in 2007, following a Bachelor of Arts from Texas Christian University in 2003. He is admitted to practice in both Colorado and Nebraska, giving him a cross-jurisdictional platform from which to serve clients throughout the Rocky Mountain and Great Plains regions.

Recognition & Leadership

Mr. Osborn's work has earned consistent recognition from the most respected evaluators in the legal profession. He received the AV Preeminent® rating from Martindale-Hubbell in 2014 — the highest possible rating for legal ability and ethical standards — and has maintained that distinction every year since. He was named a Super Lawyers Rising Star from 2018 through 2021 and has been recognized as a Colorado Super Lawyer in 2023, 2024, and 2025. He has also been honored as a Distinguished Faculty Member by the National Business Institute.

Professional Involvement

A nationally sought-after speaker, Mr. Osborn has delivered well over one hundred continuing legal education programs for organizations including the National Business Institute, the Colorado Bar Association, myLawCLE, WealthCounsel, Halfmoon Education, and the Colorado Real Estate Symposium. His speaking portfolio spans the full breadth of real estate practice, from title insurance, easements, and boundary law to LLC formation, operating agreements, closings, land use, and legal ethics, as well as emerging topics such as the role of generative AI in real estate. He is a recurring presenter at the Colorado Bar Association's Business, Tax, Probate, and Real Estate Luncheon, where he has delivered the annual Real Estate Case Law Update on multiple occasions. As a published author, his work has appeared in The Colorado Lawyer, Probate & Property Magazine (published by the American Bar Association), the Colorado Bar Association Real Estate Law Newsletter, and the Colorado Cattlemen's Association Newsletter, with articles addressing topics such as the use of LLCs to purchase and own rental property, recent Colorado real estate case law, implied easements, and prescriptive easements. In his community, he volunteers as a youth basketball coach.

Experience

Before joining Montgomery Little & Soran, Mr. Osborn served as a Deputy District Attorney in El Paso County, Colorado — foundational trial experience that continues to shape his courtroom approach today. Over the course of his career, he has tried 65 cases across a wide spectrum of real estate and commercial matters, including mineral interest disputes, title insurance contract litigation, lender fraud defense, homeowners' association access disputes, fraudulent conveyance actions, construction defect litigation, judicial foreclosure, boundary and easement disputes, defamation defense, arbitrations involving business misappropriation, and defense of professionals against license complaints. His practice focuses on matters involving real estate title and access disputes, title insurance, boundary and partnership disputes, landlord-tenant matters and leases, foreclosures, title agent negligence, liens, easements, real estate purchases and sales, real estate development, operating agreements, real covenants, partitions, zoning compliance, private and inverse condemnation, treasurer's deeds, vacation rental licensing, bad faith claims against title insurance companies, attorney fee disputes, defamation, and professional licensing defense. He serves a diverse client base that includes title insurance underwriters and agents; commercial and residential landlords and tenants; real estate agents, brokers, and brokerages; real estate developers; and medical professionals such as doctors, dentists and orthodontists, rehabilitation facilities, and physical therapy practices — for many of whom he acts as full-service corporate counsel.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs