Lawyer Serving as Fiduciary for an Estate or Trust
Under the Model Rules of Professional Conduct, a lawyer may accept appointment as a personal representative or trustee named in a will or trust the lawyer is preparing for a client, subject to complying with Rule 1.4(b) and, in some circumstances, with Rule 1.7(b). Absent special circumstances, the Model Rules do not prohibit a lawyer who is serving as fiduciary of an estate or trust from appointing himself or other lawyers in his firm to represent him in that capacity, but the compensation for the legal services must be reasonable under Rule 1.5(a), taking into account the compensation for fiduciary services. A lawyer serving as fiduciary of an estate or trust and the lawyer's firm must satisfy the requirements of Rule 1.7 before representing a beneficiary or creditor of the estate or trust and ordinarily would be prohibited from representing the beneficiary or creditor in claims against the trust or estate regardless of the client's consent.
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