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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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Is it unethical and or illegal lawyer to be a beneficiary on

Customer Question

Is it unethical and or illegal for a lawyer to be a beneficiary on a mirror trust when representing the trustee on one side of the mirror trust and her mother is trustee on the other side?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Hello and thank you for your question. Please permit me to assist you with your concerns.

It is not illegal, I am afraid. Provided that the attorney represents the interests of the trustee and not the parent, she is free to represent one part of the trust as their attorney. Likewise, it becomes only arguably unethical if she stands to gain based on the opponent's position and/or if she obtains or provides confidential information that creates a conflict of interest. But attorneys can represent parties against their parents, and can represent entities where they stand to gain a profit if the entity prevails. To use an example, an attorney can act as counsel for a company and receive stock options and shares as payments. Since trusts and companies are both artificial entities, this comparison is apt because it shows that the attorney can represent their own entity in such a situation.

Sincerely,

Dimitry, Esq.

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