which would allow the real estate broker to act as both but attorney and a broker in the same transaction as long as another attorney is simply designated as the attorney of record was it was conflict yes still my in order for that to be so we somewhat have to assume that the all their attorney does nothing to protect the client when it was something this feat does these duties have anything to do with the i have an attorney who is acting in both capacities that risk is still present if you're if you're an attorney that's not only providing the probation in the cities but also performing illegal activities here who is the relationship capacities but these affiliated with his father's law yes he's an associate of that firm yes cure really argues that the construction of the statute should be read to allow an towards the importance of avoiding the conflict this just is not not in ball but in trade lace and cd trying to defend against his email communications involving legal services rather curiously has maintained throughout these proceedings some time to consider the importance of the point in this conflict was necessary all soon as the secretary impose a nine thousand five hundred dollars fine which included some one thousand four hundred in the  central question of whether to release conduct which are the facts involved in an accident has his client's attorney in violation of the asked which is the law and is it next question review for clear  the supreme court is reasoning in never articulate the standard this error permeated the analysis of the circuit court rather than defer to the department's determination the court improperly review the determination secretary's determination  five he began by stating his position that there are now quote a separate set of rules for short sales he went on to say that parties have a cold legally binding contract that within their contract the statute vigorously protects all of my citizens regardless of whether i'm sorry i should have been more clear in my question my point is if i'm a broker and i simply reiterate my client's complaints does who happens to be an attorney does  that i would now review process and that mine is when we're getting into what is the legal what are the rules for short sales what is the facts of the agenda that is legal work that is explaining how is this a denim effect the contracts were the rules for short sales and in addition to their ideas not simply reminding the other side but it's a communication with opposing counsel advocating a legal position and these e mail service evidence but we also would like to stress that in this he was in the shoes of an attorney at this point that he that he had if there is that close a closer question that this is not the case that he is going beyond the role of a broker in advocating these positions in addition to the testimony which is based  reverse a sort of court and firmly uphold this statute which seeks to prevent this conflict which is an important one and which curious casual attitude towards this conflict indicates that she will continue to act in both there was credibility terminations here again which are entitled to deference john's testimony that he directed the sending of these e mails was found to be not credible if it was found to be a basis and defensive john james testimony on my point argues that there was no discovery there was discovery given here curiously was made was given the emails that form the basis for the violation and i think the question was did he get everything he asked for not get you gave him something i am not arguments this morning