The Florida Bar

March 22, 1963

A lawyer who assisted a client in procuring a loan from a second client should not later represent either client in the foreclosure on the loan, even if both clients consent.

Canon: 6

Chairman Holcomb stated the opinion of the committee:

The Committee on Professional Ethics has considered an inquiry from a member of The Florida Bar, in which he states that counsel, at the request of Client A, procured a loan from Client B which Client A agreed to pay within one year, securing the same by a mortgage on real estate. The debt has not been repaid, and Client B is now requesting that the lawyer foreclose the mortgage, and the request is for our opinion as to the ethics of the matter.

It is our opinion that, if both clients consent, the lawyer could probably foreclose the mortgage without violating the Canons of Ethics, but we feel that under the circumstances he should decline to represent either client in the matter and leave them to procure other counsel.

[Revised: 08-24-2011]