Professional responsibility Flashcards
What is the duty of care in relation to a client’s beneficiaries?
A duty of care is owed to client’s beneficiaries as well as the client.
How many states hold that lack of privity between drafter and beneficiary bars malpractice action?
10 states hold that lack of privity between drafter and beneficiary bars malpractice action.
What jurisdiction do probate courts have?
Probate courts are inferior courts limited to determining will validity and supervising estate administration.
What was established in Simpson v. Calivas regarding attorneys and intended beneficiaries?
An attorney who drafts a will owes a duty to identified intended beneficiaries of the will who may enforce the attorney’s contract with the testator as third party beneficiaries.
What ethical issues must a lawyer assess when representing multiple people in the same family?
conflcit of interest: Lawyers must assess and communicate ethical issues surrounding representation and ensure agreement on representation and confidentiality.
What is required when representing multiple parties in an estate plan according to Hotz v Minyard?
An attorney who represents both a testator and a beneficiary has a fiduciary duty to not actively misrepresent how the testator’s will affects the beneficiary
True or False: An attorney who represents both a testator and a beneficiary has no fiduciary duty regarding the testator’s will.
False
What does an attorney have a fiduciary duty to not do when representing both a testator and a beneficiary?
An attorney has a fiduciary duty to not actively misrepresent how the testator’s will affects the beneficiary.
a way to avoid conflcit of interest problems in representing multiple family members?
An engagement letter that lays out lawyer confidences is required.
