LEO: Conflict of Interest  LE Op. 800


Conflict of Interest.


May 27, 1986


It is not improper for a substitute trustee to proceed with foreclosure

and defend, by independent counsel retained for the purpose, the action by

a third-party endorser and guarantor who has been represented from time to

time by the substitute trustee's partner when the partner of the

substitute trustee has represented the third-party endorser and guarantor

on unrelated matters and there is actual notice from the third-party

endorser and guarantor that he will attempt to equitably stop or delay a

foreclosure by the substitute trustee. The substitute trustee must have

the consent of his client and his partner's client after full disclosure. [

 DR:5-105(A), (C) and (D), LE Op. 744]


Committee Opinion May 27, 1986