Foreign Attorney: Real Estate Transactions

91 N.J.L.J. 657
October 10, 1968

OPINION 1

Foreign Attorney: Real Estate Transactions

May a member of the bar of a foreign state, not a member of the bar of New Jersey, represent a resident of this state in a transaction involving the purchase of real estate in New Jersey? The foreign attorney causes the title to be searched, debates title questions involving New Jersey law, prepares the necessary bond and mortgage for the purchaser, settles all the closing adjustments and is present to advise and guide the purchaser on final settlement which takes place in the State of New Jersey.
Under the authority granted by the New Jersey Constitution of 1947, Art. VI, 2, par. 3, the Supreme Court has appointed this Committee and vested it with authority to render advisory opinions relating to the unauthorized practice of law, R.R. 1:12A.
It is the opinion of the Committee that such action constitutes the unauthorized practice of law.
The acts of an attorney in representing the New Jersey resident in the manner aforesaid constitutes the practice of law; and such practice of law by one not duly authorized to practice in the State of New Jersey is interdicted by the law of this state. Cape May Co. Bar Assn. v. Ludlam, 45 N.J. 121 (1965); N.J. State Bar Assn. v. Northern N.J. Mortgage Associates, 22 N.J. 184 (1956); Appell v. Reiner, 43 N.J. 313 (1964).