Canadian Lawyer

that has to make the deal right. Wouldn't it make more sense for us to go in at the front end of the deal, get paid a reasonable professional fee, and do it right from the beginning?" adds Fortier. This back-to-the-future scenario may "We're the one at the end of the chain pose problems for lawyers who have for- gotten or never learned the skills and knowledge required for a traditional real estate practice. To this end, Leclair says various groups are offering seminars to reacquaint lawyers with the issues of draft- ing the agreement of purchase and sale, while at the same time learning some of the new skills involved in marketing a property without an agent. And lawyers will have to tread carefully exposed to when those upfront steps had already been concluded, yers without any effort on their part, says Fortier. They are going to have to embrace innovative online marketing and service delivery strategies to reach and appeal to the do-it-yourself home sellers and buy- ers. "Our traditional business model is to hang the shingle and wait for everything to come in. It' This new role will not come to law- " he says. marketed ourselves a bit." But there is also a good reason why s time we got out there and in performing these new or rediscovered roles. Leclair points out that in recent years, lawyers have usually been involved only at the end of the deal, not while it is being negotiated. "If lawyers become involved in the transaction earlier, and assist in drafting and possibly advising on the negotiations, they face potential risks and liabilities that they had not been lawyers may be slow to move into this brave new world, according to Toronto real estate lawyer Maxim Zavet, a part- ner at Porco Levy Zavet LLP. To begin with, many lawyers involved with prop- erty deals recognize the value that real estate agents bring to their clients, per- forming services such as house showings and investment advice that lawyers cannot perform. These services are also valued by a great many homeowners who may lack the time, knowledge, or interest required to try to sell their property without a real- tor. As long as such homeowners remain Everything you need Together we have all the tools The TitlePLUS® your clients from title risks.1 you, through our legal services coverage2 Program works with you to help protect With the right tools we assist , by reducing the inconvenience of dealing with a loss as the result of an error or omission in your real estate transactions. To ensure your clients get the most comprehensive coverage in one policy, take a look at the TitlePLUS Program, your Bar-related® real estate partner! PROTECTION AS GOOD AS IT GETS 1-800-410-1013 2 Excluding OwnerEXPRESS® policies and Québec policies. ®TitlePLUS, the TitlePLUS logo, OwnerEXPRESS, LAWPRO and Assurance LAWPRO are registered trademarks of Lawyers' Professional Indemnity Company. ®BAR-RELATED Mark is a registered Mark of North American Bar Related Title Insurers used by LAWPRO under License. titleplus.ca 1 Please refer to the policy for full details, including actual terms and conditions. The TitlePLUS policy is underwritten by Lawyers' Professional Indemnity Company (LAWPRO®)/Assurance LAWPRO®. Assurance LAWPRO is the registered name used in Québec by Lawyers' Professional Indemnity Company. Contact LAWPRO for brokers in Saskatchewan, Manitoba, Alberta and Québec. in the majority, sale through a realtor will still remain the standard for residential home deals. And how does the lawyer become involved in such deals? Usually as a result of a referral from a realtor. Thus, as Zavet points out, lawyers may lose business and goodwill, if they aggres- sively promote private sales and market themselves as alternatives to real estate agents. "You're jeopardizing those rela- tionships," he says. Horton shares the same concern. "It' going to take a lot of work," he says, to reach out to the private home sell- ers and get as much business as lawyers already get through referrals from realtors or mortgage brokers. So is Horton disap- pointed the anticipated new role for real estate lawyers has been slow to emerge? No, he says. "The system is serving the consumer. Can we serve the consumer better? Probably. But I don't think there' an overwhelming need for change." s s Freelance journalist and business writer Kevin Marron can be reached at kevin@ kevinmarron.com. Untitled-4 1 www.CANADIAN Lawyermag.com JULY 2012 25 3/17/09 10:36:52 AM

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