It may be quite apparent that in the courtroom context (criminal defense, divorces, child custody, etc.), when you select an attorney, you are selecting an advocate. You need not only the technical legal knowledge of your attorney, but also his or her guidance on the best course of action through a particular issue, and ultimately for them to persuade both the opposing party and the judge, in order to protect your rights.
Select an Advocate for Your Title
How does this translate into the transactional law context, for purchasing title company services?
When you have a transactional matter, you start with a goal in mind. For example, when you decide to buy a new house (or your first house), you’re probably thinking about what this means for you. More space for your family, a bigger yard, a better commute, or maybe just a better place you’re excited to live. The goal is to achieve this dream. The law is the tool; it is the means to the end.
Advocacy with Tact, not Force
But because many times transactional law is not adversarial with an opposing party arguing against you, it may feel less like “real lawyering” is needed. But what is being lost with this common quip is that zealous argumentation is only one small part of true advocacy.
A lawyer, as your advocate, is ultimately tasked with helping you to achieve your underlying goal and devise a plan to get there. What are good procedures, checklists, and workflows, if not more subtle forms of guidance? It is oft said that “subtlety is the mark of sophistication.” Where there isn’t an opposing party to start with, the goal may be to keep it that way, and thus the focus is tact, not force. “Tact is the art of making a point without making an enemy.”
Our Purpose is to Protect Your Dreams
Just as Shakespeare once declared that, “a rose by any other name would smell as sweet,” so too is true that what appears as subtly, tact, checklists, and procedures is really advocacy and guidance in a different form. And so coming full circle, if your goal as a client is to achieve a dream, don’t you set yourself up for success by working with an attorney that understands this and never loses that focus?
This is at the heart of what we do each and every day. Our motto is, “Your Home, Our Commitment” because we never forget that our dedication and purpose is to protect your dreams. And we will never be just a title company, because we never want to forget that we are advocates.
A Title Company is not bound to act as your advocate.
Under Rhode Island case law, a title company acting as merely a “title insurance agent” or “settlement agent” is not providing legal services to you, has no fiduciary duty to act with loyalty for your benefit, and has no agency relationship with you. In R.I. Res. Recovery Corp. v. Albert G. Brien & Assocs. (R.I. Super. 2012 at 52), the Rhode Island Superior Court declared that, “The duties of title insurance agents and settlement agents to purchasers in connection with transfer of real estate are relatively limited in comparison with those duties owed by an attorney to its clients.” In this decision, the court held that the title company was engaged only to inform the client “about status of title to the property and procure title insurance,” not to provide legal counsel, advice, or guidance.
We are small and offer individual attention.
We’ll freely admit that we’re not right for everyone. We’re not a national company with offices in 50 states, and we don’t handle thousands of files per month. We are a small, local office based in North Smithfield, Rhode Island, and handle real estate matters for clients in Rhode Island and Southeastern Massachusetts. We’re just a team with an attorney (Phil), a drafting paralegal (Desja), and a client experience manager (Jana). But what we offer to our clients is individualized attention to their individual matters, legal counsel, and advocacy.
Same Price, More Value
And it doesn’t cost more. We do this work everyday, because we believe its the way in which we can make a difference in the lives of our clients. If we help even a single person reach his or her dream, and protect the single biggest financial investment of his or her life, then it is worth it to us.