While the Opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. Lawyer must be satisfied that an agent has authority to retain lawyer to perform legal services on behalf of another. Broker requests lawyer to send a statement for fees to the seller in care of the broker so that the attorney's fee may be deducted from the seller's proceeds at closing. Attorney does not interview seller or have any communication with seller regarding the preparation of the Deed and Real Estate Transfer Declaration.
All communication regarding the transaction is between the lawyer and real estate broker.
The facts and question presented in this inquiry denote that the real estate broker is retaining the lawyer on behalf of the seller as opposed to the more conventional practice of the seller retaining an attorney directly. The threshold question is whether the seller has granted this authority to the real estate broker inasmuch as the lawyer's preparation of the documents creates a professional responsibility on the lawyer's part. Accordingly, the lawyer must first satisfy himself that the real estate broker has the requisite authority to create a professional relationship between the lawyer and the seller. The requisite documentation for this assurance may not be the same in every case. Indeed, the breadth and scope will differ from transaction to transaction and by geography and custom.