In Massachusetts, where I practice real estate law, the lawyer is still very much involved in the entire residential real estate process. We draft, and review, real estate offers and purchase and sale agreements, examine the title, prepare the title insurance policy and conduct the real estate closing, many times in one of the three offices (Boston, Braintree and Waltham) which we operate.
Conducting a closing at our office has proven to be extremely convenient for realtors, buyer and sellers in most instances. Massachusetts has started to institute electronic recording for some Registries of Deeds, so we can avoid the chaotic climate that most Registries present by doing our closings "on location".
There is an old basketball adage, "if you live by the jump shot, you die by the jump shot". In other words, there are some "confidentiality" risks inherent in office closings, and I thought I would detail some of the steps our firm, Topkins & Bevans, is taking to prevent "leaks" of privileged, and sometimes proprietary, information from falling into the wrong hands.
1. All attorneys and staff have been instructed NEVER to mention the names of firm clients so that a visitor to the office would be able to gain this information. This is a ZERO tolerance rule, and we have dismissed one employee who failed to adhere to it.
2. Without express approval from the supervising attorney, no visitors to our office will be given access to any areas other than the reception area, the conference room and the rest rooms. There are often documents and information lying around offices, and people can glean information not intended, in any way, for them. If entry is permitted for a side conference or negotiation,no visitor will be permitted into the office of any attorney or staff member, unless accompanied by a representative of the firm.
3. The rule for discussions about client matters described in Paragraph 1 also applies to conversations outside of the office, even with spouses and other family members. As my father used to tell me all the time "I never got in trouble for something I didn't say" People's legal affairs are serious, and they should never be the subject of conversation with outsiders.
We consider it a privilege to work with realtors and clients, and we welcome them with open arms into our offices. With that privilege comes responsibility, and we take our ethical repsonsibilites very seriously. It behooves all people practicing law to go out of their way to make sure that client confidences are never breached. Without this trust, we cannot really provide effective representaion.
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