LEO: Conflict of Interest - Real  LE Op. 679


Conflict of Interest - Real Estate-Attorney as Counsel for Maker of

Note and Trustee Under Deed of Trust.


April 5, 1985


An attorney who serves as counsel to the maker of a note also desires to

serve as trustee pursuant to the underlying deed of trust. The attorney

proposes that his client execute an agreement by which the maker of the

note waives any objection to the attorney proceeding against him under the

terms of the deed of trust.


It is the committee's opinion that it is not improper for the attorney to

obtain his client's agreement provided (1) the attorney makes full

disclosure of the conflict to both the client and to the lender and (2)

the attorney first advises the client to seek independent counsel

regarding the advisability of signing such an agreement. [ DR:5-105;

LE Op. 528]


Committee Opinion April 5, 1985