LEO: Confidences and Secrets - Attorney as  LE Op. 678


Confidences and Secrets - Attorney as Creditor of Former Client.


April 2, 1985


Attorney closed a real estate transaction for his client resulting in a

second deed of trust held by the seller. The second deed of trust went

into default and the attorney's newly formed law partnership purchased the

second deed of trust note, foreclosed upon the second deed of trust and

instituted suit for the deficiency. If, by doing so, the attorney has used

the confidences and secrets of his client to the disadvantage of his

client or to the advantage of himself or third party, the attorney has

violated Canon 4. [ DR:4-101(B)(2), DR:4-101(B)(3)]


Committee Opinion April 2, 1985