The 3 Duties of a Real Estate Transaction Lawyer

As law students, we are trained to identify the legal risks of a given scenario and then advise our clients of those risks. That is the essence of lawyering.

As a transaction lawyer, because we can recognize the potential for misconduct within a transaction, we have a fiduciary duty to protect our client’s interests in the transaction by structuring it in a way to optimally minimize such risks. Our three duties, then, are to:

  1. Identify
  2. Reduce
  3. Deflect

Identify the nature and scope of any perceived risks that can disrupt the transaction.

Reduce the probability of loss (i.e., transaction costs, opportunity costs, out-of-pocket costs, or sunk costs) from those identifiable risks.

Deflect, to the extent most possible, the costs of inalienable risks.

Put another way, our goals are to protect our client’s interest (identify, reduce, deflect) & facilitate the completion of their desired transactional interest.

Source: Rick Daley, Real Estate Development Law, West Publishing (2011)

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About iWriter

Bio: My favorite song is "My Way" by Frank Sinatra; it is a good summary of how I have strived to live my life. I've been many things, worn many hats, and have walked in many shoes. I love to listen to music for inspiration, like 80s pop/rock, 90s grunge music, urban country, Frank Sinatra, Dean Martin, Bing Crosby, Louis Armstrong, Ella Fitzgerald, Billie Holiday, Andrea Bocelli, Lara Fabian, Laura Pausini, Lana Del Rey, Ferras, Keiko Matsui, Chris Botti, Michael Buble and many contemporary Christian artists. You're likely to glean some insights into the enigma of my mind if you dare to read my work. But, ye be warned - once you are drawn into my wake, you may not be able to steer your ship out of the current. ;-) Education: AA, BS, MS, Candidate for Juris Doctor (2019)
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