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REAL-ESTATE-LAW5 MIN READ

Run A Developer Affiliate Conflict Check

Apply the ABA concurrent-conflict sequence to a developer and affiliate transaction.

A developer wants one lawyer to represent both the project company and a newly formed management affiliate negotiating fees from the same project budget. Concurrent-conflict walkthrough: identify adversity, map material limitation, test consentability, disclose in writing, or separate counsel. The common trap is treating common ownership as common legal interest. Affiliates can have different rights, duties, and economic incentives. Identify clients Name each entity, owner, investor, lender, and decision-maker before opening the new matter. Conflicts are often missed when the lawyer says "the developer" instead of naming the legal persons. Map divergence List where advice could split: fees, indemnity, insurance,…

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