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I am very sorry for your situation. Please allow me to answer your questions in turn.The attorney was representing my mother, not my sister, when he prepared my mother's will - was there malpractice or an ethical violation in including a "whatever I tell myself" clause when there were other percentage-based beneficiaries?
Not necessarily. At the time that the attorney was drafting the contract
and helping to execute it, he was representing your mother. Simply because he also has represented your sister before this and the sister may hold an interest in the Last Will and Testament does not make it a conflict of interest for him to represent the mother. Would a complaint to the state bar be appropriate?
You may always file one, but for the reasons above, the Bar is unlikely to pursue any action against him once he explains what happened.I am seeking justice on my mother's behalf and am considering filing a complaint against my sister's attorney friend, but don't want to do so if not a justifiable complaint. Would a complaint be appropriate?
No. However, you may wish to pursue your sister. Under Virginia Title
64.1, you may
have action against fraud committed by her, but even then, you do need an attorney in VA to help you. See here:http://www.vsb.org/vlrs/
The attorneys are vetted and qualified and the service is free.
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