Ethics in Real Estate Practice: Navigating Conflicts, Confidentiality, and Disclosure Duties

Nathan G. Osborn | Montgomery Little & Soran, PC

Nate Osborn is an equity shareholder with Montgomery Little & Soran, PC, in Greenwood Village, Colorado. His practice is focused on real estate litigation, real estate transactions, and commercial litigation. Mr. Osborn is a trial attorney and has tried 65 cases in his career. In addition to his work for clients, Mr. Osborn can be hired as an expert witness in cases involving real estate and trial related issues. Mr. Osborn is also a proud member of the Real Estate Section’s Title Standards Committee. He is licensed to practice in Colorado and Nebraska.

I. Conflicts of interest | 2:00pm – 2:15pm

• Attorneys
• Colorado Rule of Professional Conduct 1.7
• Colorado Ethics Opinion 68
• Case law

II. Privilege and confidentiality vs. disclosure | 2:15pm – 2:30pm

• Attorneys
• Colorado Rule of Professional Conduct 1.6
• Colorado Bar Association position on Paragraph (b)(4)

III. Disclosure of defects | 2:30pm – 2:45pm

• Sellers
• Real estate brokers
• Attorneys
• Attorney Fees: Attorney fees/trust accounts

IV. Multijurisdictional practice | 2:45pm – 3:00pm

• Multijurisdictional ethical requirements
• Factors to Consider
• ABA model rule of Professional Conduct 5.5
• Pro Hac Vice
• Koscove v. Bolte, 30 P.3d 784 (Colo. Ct. App. 2001)
• Formal Opinion 495
• Formal Opinion 504