LEO: Attorney as Potential Witness - Declining  LE Op. 273

 

Attorney as Potential Witness - Declining Employment.

 

December 3, 1975

 

It is improper for an attorney, who had prepared the decedent's last will

after interviewing the testator in the presence of the sole beneficiary,

to represent the beneficiary in a suit alleging the use of undue influence

by the beneficiary on the testator to obtain the new will. [See II: DR:5-

101(B).]

 

Committee Opinion December 3, 1975