Estate Law Questions? Ask an Estate Lawyer.
Hello and thank you for the question. I am sorry to read of this dilemma.
The attorney is guided by ethical limitations
and where representation creates a conflict of interest
lawyer should not so proceed
here there would be such a conflict and lawyer should have not done so.
Let me know if that is clear.
Thanks, XXXXX XXXXX -- specific guideline I should cite when I complain.
(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
Best of luck
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