LEO: Attorney as Witness - Confidences and  LE Op. 553


Attorney as Witness - Confidences and Secrets - Foreclosure.


June 21, 1983


It is not improper for an attorney--who drafted the documents (including

a Note and Deed of Trust) on behalf of both purchaser and seller in a

prior real estate transaction--now to defend former purchaser/current

owner in a foreclosure proceeding and its consequential suit for

deficiency brought by the former seller/current Noteholder, when the

attorney's prior work for the parties created no basis for the attorney

now to give testimony prejudicial to his current client if required so to

do, and said attorney was not apprised of confidences or secrets as a

result of the prior work. The documents in the original transaction were

drafted as a recitation of the agreement of the parties which they had

reached by negotiation independently without the attorney. [ DR:4-101(B),

DR:5-102(A) and (B)]


Committee Opinion June 21, 1983