During the past decade, many of the stories about real estate lawyers have not been favorable. During the boom times, lawyers (and commercial title companies as well) rushed to handle the volume of closing and became sloppy in their document preparation. When the real estate market crashed, lawyer defalcations made headlines, as some lawyers pocketed money from real estate closings rather than paying off mortgages. After the bust, foreclosure mill lawyers were exposed for filing improper documents with the courts, and foreclosure defense lawyers were chastised for filing meaningless motions and pleadings simply to delay the foreclosure process. These transgressions were resulted from two causes:
First, clients demanded high volume results at reduced prices. Institutionalized clients searched for the lowest bidder to handle foreclosures and real estate closing. To meet these meet these needs, law firms change their approach to the practice from contemplative to assembly line. Rather than giving the client the highest caliber of legal representation, the firms strove the get business in and to get a product, however shoddy, out the door.
Second, many of the lawyers involved in the transgressions lacked training and experience in real estate law and legal ethics. Assembly line firms hired recent graduates (who would work cheaper than more experienced lawyers) and put them into the ?line of fire? with little or no training.
Real estate law is the most complex and difficult of the core legal areas. Proficiency as a real estate lawyer is something that takes years of training and experience beyond law school to acquire. Admission to the bar does not mean that a lawyer is capable of adequately handling a real estate transaction.
Errors made by unqualified lawyers practicing real estate law often go undiscovered for many years. Since real estate frequently does not change hands for many years, problems associated with transactions are hidden from view during this time. The problems caused by assembly line firms in the past decade are only now starting to come to light.
I hope that as the real estate market becomes more stabilized, clients will seek experienced real estate lawyers to help them with their problems. Lawyers who are board certified in real estate law by The Florida Bar have proved their expertise in real estate law and are able to provide expert service to their clients. People seeking solutions to their real estate problems should use this resource.
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