Feeds:
Posts
Comments

Posts Tagged ‘Ethics Opinions’

In the wake of the Court of Appeals 2010 decision in Estate of Schneider v. Finman, 15 N.Y.3d 306 (2010), The Committee on Professional Ethics issued Opinion 865; Estate Planner Serving as Attorney for Executor; Conflict of Interest; Legal Malpractice.  The Opinion discusses the application of Rules 1.7 , 1.10(a) and 1.16 of the Rules of Professional Conduct and their affect on a practicioner in light of the Court’s decision in Schneider.

The Committee on Professional Ethics concluded that “In light of Estate of Schneider v. Finman, a lawyer who prepared an estate plan for a client may agree to act as counsel to the executor after the client’s death as long as the lawyer does not perceive a colorable claim for legal malpractice before or during the representation of the executor.  However, if the lawyer does perceive a colorable claim for legal malpractice before or during representation,  then the client is nonconsentable and the lawyer (and all other lawyers associated with his firm) must decline or withdraw from representation and the lawyer must inform the executor of the facts giving rise to the claim.”

Visit NYSBA by clicking here to read Ethics Opinion 865.

Advertisements

Read Full Post »