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