More on Conflicts of Interest
Yesterday I talked a little bit about conflicts of interest. Today, I wanted to make a couple more points.
I think (1) planning ahead and (2) communication are the most important skills an attorney can employ when considering conflicts of interest. Many of my conflict of interest issues arise in connection with probate litigation. For instance, if I represent two beneficiaries in an action against the trustee, I need to consider -- from the beginning of the representation -- what happens if the beneficiaries can't agree on a course of action, and discuss this possibility with the beneficiaries so there is no confusion.
Another possible conflict exists in cases where I represent multiple generations of the same family (for instance: mom and dad, and daughter and her husband). As I said yesterday, I do not keep secrets between spouses -- anything one spouse tells me can be conveyed to the other spouse. But that isn't the case in a multi-generational representation, and I make this clear from the get-go. (I also get the consent of the existing client -- usually the parents -- to represent the new clients.) As a result, if mom and dad decide to disinherit daughter in THEIR estate plan, I can't and won't say anything about this to daughter when I prepare HER estate plan. Is this a hindrance to my work as attorney? I don't think so, since I always tell my clients not to plan on an inheritance.
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