Tag Archives: california lawyer ethics
Can a Trust’s Lawyer Also Act as the Trustee?
CAN A LAWYER WHO SERVES AS TRUSTEE OF A REVOCABLE/FAMILY TRUST ALSO REPRESENT THE TRUST AS LEGAL COUNSEL? Like many legal questions, the answer here is “maybe, depending on facts and circumstances.” Assuming there are no conflicts of interest, or that any conflicts of interest that can be waived have been properly waived by… Read More »
Can a Trust’s Lawyer Receive Distributions of Trust Assets?
A LAWYER’S FEES CAN BE PAID FROM TRUST ASSETS A lawyer who is acting on behalf of a trust in a professional capacity (i.e., as the trustee or as legal counsel to a trust) can be paid from trust assets. The funds in the trust’s bank or other accounts can be used to pay… Read More »
What Happens if a Lawyer Violates Conflict of Interest Rules?
WHAT HAPPENS IF A LAWYER BREAKS THE CONFLICT OF INTEREST RULES? Lawyers have a duty to identify conflicts of interest and handle them properly. If a California lawyer breaks the conflict of interest rules, (s)he may be subject to: disqualification/an order to recuse himself or herself from representing the relevant client in some cases,… Read More »
