NEW YORK STATE BAR ASSOCIATIONProfessional
Ethics Committee Opinion
Opinion #38(a) - 12/05/1968
Topic: Conflict of Interest, Representation of Adverse Parties
Digest: Consent and full disclosure may permit representation of real
estate buyer and seller
Canon: Former Canon 6
In an area where the use of title companies and title insurance is
not the usual practice, may the attorney who must examine, pass upon and
certify the real estate title to the purchaser, represent the purchaser
This is a supplement to Opinion #38-12/6/66, dealing with
representation of both purchaser and seller in real estate transactions.
The question is whether Opinion 38 also applies to transactions in which
the lawyer certifies title.
The principles set forth in Opinion 38 apply with equal force to
cases in which the lawyer examines, passes upon and certifies the