98 N.J.L.J. 534
June 12, 1975
Intermediaries - Unauthorized
Practice - Drawing Contracts for Realtors
Inquiry has been made concerning the propriety of a course of
procedures set forth in the following inquiry:
May an attorney draw a contract (for either sale or lease) at the request of a real estate broker, where he is to be paid by the broker, and he does not represent either party to the contract and does not know whether either party will be represented by any attorney?
We refer to our Opinion 264, 96 N.J.L.J. 1239 (1973), as being dispositive of the pending question. In that opinion which dealt with an almost identical inquiry (except that the document involved was a deed rather than contract of sale or lease of real property), we held that such action was improper and in violation of DR 5-107(B) and DR 3-101(A) of the Code of Professional Responsibility, dealing with intermediaries and aiding a nonlawyer in the unauthorized practice of law, for the reasons expressed and the authorities cited therein. The conclusion reached in that opinion applies, as well, to the instant inquiry.