LEO: Attorney as Counsel for Note Holder and  LE Op. 359


Attorney as Counsel for Note Holder and Trustee Under a

Deed of Trust - Conflict of Interests.


March 10, 1980


It is not improper for an attorney to serve as counsel for a note holder

and as trustee under a deed of trust if the maker of the note consents to

the employment of the attorney as trustee prior to the execution of the

note and deed of trust after fully understanding the dual responsibilities

accepted by the trustee. [See II: DR:5-105.]


Committee Opinion March 10, 1980