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