NUMBER 290 1932

Question. Sometime ago I was the attorney for A who asked me to prepare for him as maker a bond and mortgage to X. I accordingly did draw the bond and mortgage and they were executed by A and delivered by him to X, who recorded the mortgage personally with the county register. A subsequently died, and X now comes to me and asks me to represent him in endeavoring to procure payment of the bond and mortgage by foreclosure proceedings, or in any other manner, as his attorney.

A temporary administrator of A’s estate has been appointed, and counsel other than myself has been retained by the temporary administrator.

I would thank you to advise me whether, in your opinion, I can now accept the employment from X, in view of the fact that I represented the deceased in the transaction.


Answer. In the opinion of the Committee there should be no acceptance of any employment which violates any confidence imposed upon or obligation assumed by the lawyer to his deceased client, but the question does not disclose any fact which indicates such violation. The attorney should, however, first satisfy himself that no such violation is or will be involved. If such inconsistency develops, he should withdraw from the employment.