Article from State Bar Association on Foreclosures
This article deals with ethics during the foreclosure and loan modification situations that are popping up everywhere in American. Here are the key bullet points, but we encourage you to read the entire article at the end of this post.
The alert goes on to list a series of ethics rules prohibiting lawyers from:
- paying a referral or marketing fee to a foreclosure consultant or other person for referring distressed homeowners to the lawyer;
- directly or indirectly splitting fees earned from a distressed homeowner client with the foreclosure consultant or any other non-lawyer;
- aiding a foreclosure consultant or anyone else in the unauthorized practice of law or forming a partnership or joint venture with a foreclosure consultant or other non-lawyer if any of its activities would involve providing legal services;
- contacting in person or by telephone a distressed homeowner referred by a foreclosure consultant or someone else unless the lawyer has a family or prior professional relationship with the homeowner;
- filing a lawsuit without good cause or motions in a lawsuit that are simply intended to delay or impede a foreclosure sale; and
- failing to perform legal services with competence.
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