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Abstract

The lawyer who fails to anticipate the potential bankruptcy of a party when drafting a real estate document does the client a disservice. Predictability is the touchstone of a real estate lawyer's practice. The real estate practitioner is employed to draft instruments that will accommodate the financial needs of the client and protect those financial interests in light of reasonably foreseeable future events. The law of the contract-the four corners of the instrument is the practitioner's assurance that the client's interests have been served well. Accordingly, the ability to foresee future events and to draft language in documents which will protect a client's interests in light of those events are the hallmarks of the skilled real estate lawyer.

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