Legal Question in Real Estate Law in California
Ethics Violation for Loan Modification In House Attorney
I am a new attorney and have been offered a position as In House Counsel for a Loan Modification Company. I have heard that a a joint partnership or individual contract arrangement violate the Professional Rules of Responsibility (fee splitting, unauthorized practice of law). However, it is unclear whether working as In House Counsel violates the Professional Rules of Responsibility ? As In House counsel, I would respond to Notice of Defaults. Is responding to the Notice of Defaults tatamount to providing legal services to client and therefore in violation of the Professional Rules of Responsibility?
3 Answers from Attorneys
Re: Ethics Violation for Loan Modification In House Attorney
The California State Bar has an ethics hotline to answer those questions with an official answer. That's the safe direction to take this question.
Re: Ethics Violation for Loan Modification In House Attorney
You've already asked this question, and received responses. Call the State Bar - its the only way you will ever know for sure if what you are doing is problematic. I'd suggest you do it now because the entire Loan Modification industry is going to come under some heavy scrutiny when all the dust settles, and you don't want to lose your ticket over something like this.
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Re: Ethics Violation for Loan Modification In House Attorney
In addition to what our colleagues suggest, you are wise to seek out the answer before jumping in. I would absolutely make sure that such a thing would not cause you harm. I am absolutely against partnering with non-attorneys (if that's what it is), or allowing non-lawyers to practice law under someone else's license. I don't know or assume the facts in this situation, so it's best that you do a lot of digging before agreeing to the arrangement. Good luck to you, and welcome to our noble profession!
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