Sample Joint Retainer Acknowledgment and Consent for Use in Real Estate Transactions

 (This form may be used by lawyers. Use discretion to amend the form to suit the circumstances of the individual transaction.)

You have asked me/us to act as your lawyer(s) in the above (purchase, sale, mortgage, matter).

As you know I (we) have also been asked to act as lawyer(s) to ______________________________ ________________________ the (purchasers) (mortgagors) (mortgagees) (vendors) in the above matter.

In acting for more than one party, no information received in connection with the matter from one party can be treated as confidential so far as any of the others are concerned.

If a conflict develops that cannot be resolved, I (we) cannot continue to act for both or all of you and may have to withdraw completely.

or alternatively where applicable

I (we) confirm your agreement that if an issue contentious between you and __________________ _________________________ arises, I (we) may continue to advise _________________________ _________________________ about the contentious matter and that I (we) will refer you to another lawyer.

and where applicable

I (we) confirm that you are aware that I (we) act regularly for and have a continuing relationship with ____________________________________ and that I (we) have recommended that you obtain independent legal advice about the joint retainer prior to retaining me (us).

If you still wish me (us) to act on your behalf in the above matter, please confirm your instructions by signing and returning the enclosed copy of this letter.

Yours very truly,

I acknowledge that I have read and understood the above letter. I consent to _________________ ____________________________ _ acting on my behalf notwithstanding the conflict.

DATED at this day of _____________, 20__.

________________________________

(Signed)

cc. copy to _______________________ for signing and return.