Brian D. Kwan 
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Your Real Estate Lawyer: Friend or Foe?

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This entry was posted on 4/8/2007 4:54 PM and is filed under Real Estate.

Being in the real estate field, it seems like everybody and their grandmother is practicing real estate law. Well, not really. I've found very few young lawyers that remain interested in real estate, but the area just seems so competitive nowadays.

Maybe the title of this entry isn't 100% accurate, so allow me to elaborate. It's not hard to find a real estate lawyer, but it takes some effort to find the right real estate lawyer. Many real estate agents will "recommend" a lawyer to his or her client. Sometimes, these recommendations are made with the buyer or seller in mind and the client may not be able to get along well with the lawyer. When this relationship sours, dealing with the lawyer can be a difficult experience. I recently even had a call from someone complaining about her experience with a past lawyer, and it ended as bad as many contested divorces.

If you have ever had a negative experience with a lawyer, don't be too quick to jump to the conclusion that the lawyer was bad. Lawyers are just like ordinary people and there are some that you will get along with and others that you will not.

In order to help prevent people from having to deal with such an experience, here are my tips to choosing the right real estate lawyer:

Meet with your prospective lawyer before having him or her take your file
You wouldn't hire an employee without an interview, so why do the same with what may be the biggest purchase of your life? Meeting with the lawyer gives you a chance to identify issues with his or her style, practice, hours or location before you commit. It also gives you the chance to ask the questions you want or get the information you need to do your matter. Most lawyers won't charge you for this meeting.

Don't just take the one recommended to you
If anybody has ever bought an iPod, you know that the included earbuds aren't the greatest. They get the job done all the same, but it's not as enjoyable. The same thing applies for lawyers; don't simply take the one that your agent has recommended to you. Although it does mean something when an agent recommends a lawyer, some real estate offices have marketing agreements with firms and the lawyer that you are referred to wouldn't have been recommended but for the agreement. Consider making your own inquiries into your own lawyer.

Look beyond price
Just like I've written on my website, don't be fooled by a low price. Ask for a list of disbursements and what the typical transaction will end up costing you. Find out what is included in the fees and what is not. Many times, I've heard clients complain of other lawyers who slipped in hidden fees or found that certain items were not included in the so-called "block fees".

You are also hiring a lawyer's staff
Make sure to observe the staff the lawyer uses. Although your lawyer is responsible for your file, he or she may delegate parts (and in some cases, all) of the file to a legal assistant or law clerk. You should hold the staff to the same standard as your lawyer. Make sure the lawyer isn't overworking the staff, resulting in your file getting lost in the shuffle.

Check the Law Society website
You can learn a lot about perspective lawyer here. Information about disciplined lawyers is published regularly on the website, along with any restrictions the lawyer may have. Just as employers do background checks, so should you when dealing with your lawyer.

Get along with the lawyer
Even if all the above items check out fine, remember that the most important thing is that you need to get along with the lawyer. If the lawyer is laid back and you are up-tempo, maybe you two aren't the right match.

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