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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 53815
Experience:  Licensed attorney helping individuals and businesses.
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My husband and I did an estate plan in 2005 and amended it

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My husband and I did an estate plan in 2005 and amended it again in 2008 with additional signatures in 2010. My husband and I recently got divorced. He just used our joint estate attorney to do his new estate plan and will. It seems to me agreeing to do his will was an inappropriate thing for the attorney to do.

INFOLAWYER :

Hello and thank you for the question. I am sorry to read of this dilemma.

INFOLAWYER :

The attorney is guided by ethical limitations

INFOLAWYER :

and where representation creates a conflict of interest

INFOLAWYER :

lawyer should not so proceed

INFOLAWYER :

here there would be such a conflict and lawyer should have not done so.

INFOLAWYER :

Let me know if that is clear.

Customer:

Thanks, XXXXX XXXXX -- specific guideline I should cite when I complain.

INFOLAWYER :

http://www.law.cornell.edu/ethics/ma/code/MA_CODE.HTM

INFOLAWYER : Massachusetts Rules of Professional Conduct
INFOLAWYER :

Rule 1.7 Conflict of Interest: General Rule


(a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless:


(1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and


(2) each client consents after consultation.


(b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless:


(1) the lawyer reasonably believes the representation will not be adversely affected; and


(2) the client consents after consultation. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved


 

INFOLAWYER :

Best of luck

INFOLAWYER :

Kindly click on an excellent rating for the answer.

Customer:

will do

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