LEO: Conflict of Interests/Trusts and  LE Op. 571

 

Conflict of Interests/Trusts and Estates.

 

April 20, 1984

 

Where a client is related to an attorney/donee, the attorney/donee is not

prohibited per se from writing a testamentary document in which he or a

member of his family is a beneficiary. However, the attorney is still

required to exercise "independent professional judgment" on behalf of his

client and is not permitted to accept or continue employment if he is not

in a position to exercise independent judgment. [Canon 5, DR:5-104(B),

EC:5-5]

 

Committee Opinion April 20, 1984