LEO: Conflict of Interests/Real  LE Op. 528

 

Conflict of Interests/Real Estate/Attorney-Trustee.

 

September 13, 1983

 

When an attorney represents both the purchaser and seller in a

transaction which leads to the execution of a deed of trust, the attorney

may not ethically represent the creditor against the debtor or foreclose

under the deed of trust unless the former client consents.

 

Also, the fact that a fee is stated and agreed to in a contract is not

dispositive of whether it is reasonable under the Code of Professional

Responsibility. [ DR:5-105(D) and DR:2-105(A)]

 

Committee Opinion September 13, 1983