Drafting Will on Recommendation of Potential Beneficiary Who Also is Client
Under the Model Rules of Professional Conduct, a lawyer may, on the recommendation of a person who is a potential beneficiary, draft the testator's will, provided Rule 5.4(c) is satisfied and any informed consents required by other rules are obtained. If the person recommending the lawyer also agrees to pay or assure the lawyer's fee, the testator's informed consent to the arrangement must be obtained and the other requirements of Rule 1.8(f) satisfied. When the person recommending the lawyer is a current client of the lawyer, the lawyer should obtain clear guidance from the person and the testator as to the lawyer's use or revelation of protected information of each in representing the other. The lawyer also must assure compliance with any requirements of Rule 1.7 that are implicated under the circumstances.
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