LEO: Post-Nuptial Contracts - Multiple  LE Op. 728

 

Post-Nuptial Contracts - Multiple Representation.

 

November 11, 1985

 

It is not improper for an attorney to represent both husband and wife in

the preparation and execution of reciprocal wills which contain a contract

clause preventing the survivor from changing beneficiaries following the

death of the first to die if it is obvious that the attorney can

adequately represent the interests of the husband and wife and if both the

husband and wife consent to the representation after full disclosure of

the possible effect of such representation on the exercise of the

attorney's independent professional judgment on behalf of each of said

clients. [ DR:5-105(C)]

 

Committee Opinion November 11, 1985