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

2025-09-17 14:00:00

2025-09-17 14:00:00

1 Credits

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

2025-09-17 14:00:00

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

2025-09-17 14:00:00

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

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how to navigate conflicts of interest, confidentiality obligations, disclosure requirements, and multi-jurisdictional practice rules in real estate transactions.

What will you gain

Attorneys will gain practical approaches to maintain compliance with professional conduct rules while handling challenging ethical situations in real estate practice.

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

What will you learn

Attorneys will learn how to navigate conflicts of interest, confidentiality obligations, disclosure requirements, and multi-jurisdictional practice rules in real estate transactions.

What will you gain

Attorneys will gain practical approaches to maintain compliance with professional conduct rules while handling challenging ethical situations in real estate practice.

Agenda

Session 1

Conflicts of Interest in Real Estate Practice

Session 2

Balancing Privilege, Confidentiality, and Disclosure Obligations

Session 3

Disclosure Obligations and Attorney Fee Management

Session 4

Navigating Multijurisdictional Practice and Remote Work

clock 2:00 pm - 2:15 pm EST

Conflicts of Interest in Real Estate Practice

Nathan G. Osborn

Montgomery Little & Soran, PC

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. Osborn

Montgomery Little & Soran, PC

clock 2:15 pm - 2:30 pm EST

Balancing Privilege, Confidentiality, and Disclosure Obligations

Nathan G. Osborn

Montgomery Little & Soran, PC

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. Osborn

Montgomery Little & Soran, PC

clock 2:30 pm - 2:45 pm EST

Disclosure Obligations and Attorney Fee Management

Nathan G. Osborn

Montgomery Little & Soran, PC

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. Osborn

Montgomery Little & Soran, PC

clock 2:45 pm - 3:00 pm EST

Navigating Multijurisdictional Practice and Remote Work

Nathan G. Osborn

Montgomery Little & Soran, PC

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. Osborn

Montgomery Little & Soran, PC

01 04
Prev
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Nathan G. Osborn

Montgomery Little & Soran, PC

Nathan G. Osborn

Montgomery Little & Soran, PC

Nate Osborn is an equity shareholder focused on real estate litigation, real estate transactions, and commercial litigation. He is a trial attorney who can also be hired as an expert witness in cases involving real estate and trial related issues.

Professional Involvement

Member of the Real Estate Section's Title Standards Committee.

Experience

Has tried 65 cases in his career. Licensed to practice in Colorado and Nebraska.

Nathan G. Osborn

Montgomery Little & Soran, PC

Nate Osborn is an equity shareholder focused on real estate litigation, real estate transactions, and commercial litigation. He is a trial attorney who can also be hired as an expert witness in cases involving real estate and trial related issues.

Professional Involvement

Member of the Real Estate Section's Title Standards Committee.

Experience

Has tried 65 cases in his career. Licensed to practice in Colorado and Nebraska.

Plans

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Price
$95 – $245
Price varies based
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of Bias, etc.)
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Individual Purchase
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Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

Why Attend

Why this 
program matters

Understanding real estate ethics is essential for attorneys to avoid conflicts of interest, malpractice claims, and disciplinary actions that can result in suspension, disbarment, or substantial financial liability.
20%
Of all legal malpractice claims arose from real estate matters, making it the highest-risk practice area according to the ABA Profile of Legal Malpractice Claims.
70%
Of major malpractice insurers surveyed paid claims exceeding $50 million, with conflicts of interest among the leading causes.
82%
Of legal malpractice claims in the ABA 2020-2023 Study resulted in no payment, yet defense costs and reputational harm remain significant concerns.
1.7k+
California attorneys were suspended for failure to comply with new trust account rules implemented after high-profile misappropriation cases.

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MCLE Credits

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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
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