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