Involved in a real estate transaction gone bad. My broker is chummy with the seller's attorney. He called her today to discuss the transaction. Both parties know I am represented by counsel.

I know the lawyer cannot contact me directly - he must contact my attorney. But is he allowed to call my broker? And is she permitted to speak with him?

I speak with attorneys on the other side of the table all the time.

What's preeminent, though, are the interests of my clients, and to safeguard those, I generally try to make sure that the client understands what kind of communication is taking place, and why, and whether the client thinks a third person should be on the call. Sounds like you might feel better if your atty were looped into whatever chats are being had - a fact you might want to express to both your atty and your broker.

ali r.
DG Neary Realty

Thanks. I'm going to ask my broker not to participate in any more communications on my behalf.

Hi veggiefleur,

Yes, even if there is a pending litigation, opposing counsel can freely contact, interview, etc nonparties to the litigation. Your broker, though, has fiduciary duties to you, and cannot legally act to your detriment, especially if it is sharing information with opposing counsel.

front_porch touched on it: if you are uncomfortable with your broker speaking to opposing counsel, then tell your broker - in writing - not to speak to opposing counsel about your transaction.

Is there a pending litigation?

Marco Santori is a lawyer in New York City, but he isn't your lawyer, and you should not rely on this post for legal advice. If you have any other questions, feel free to email at MSANTORI@NMLLPLAW.COM