LEO: Fees - Trustee of a Deed of Trust LE Op. 515
Fees - Trustee of a Deed of Trust.
May 2, 1983
It is not improper for an attorney-trustee in a foreclosure proceeding as
a trustee of a deed of trust to charge a lower fee for his services than
the amount set by statute. Since serving as a trustee is not unique to
attorneys, there is no reason to conclude that the commission awarded to
the trustee is a legal fee. Accordingly, the commission is not under the
restrictions of the fee restraints imposed by the disciplinary rules of
the Virginia Code of Professional Responsibility.
Disciplinary Rule 1-102 which prohibits a lawyer from engaging in
fraudulent or illegal conduct pertains to illegal conduct involving moral
turpitude. Taking a commission of less than the statutory amount does not
involve such conduct and is, therefore, not improper. [ DR:1-102,
Virginia Code of Professional Responsibility]
Committee Opinion May 2, 1983