A transactional attorney can end up in litigation because a deal doesn’t close or when serious problems arise during or after the closing process. However, the transactional attorney cannot represent the plaintiff or defendant because they are the primary fact witness of what happened.
Our real estate law firm in New Jersey seeks to be involved immediately because sometimes we can “resolve” litigation by just an expert’s report. I can act as advocate for buyer or seller, either representing the party or the attorney. I can also provide an expert witness report or Affidavit of Merit.
Counsel contacts us before they are “assigned” an attorney by the carrier. I am always available, even prior to closing, if counsel wants advice on any real estate matter.