98 N.J.L.J. 534
June 12, 1975
OPINION 310
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.