Estate Planning: Wills; Can A Lawyer Be a Beneficiary of a Clients Will?
Can A Lawyer Be a Beneficiary of a Clients Will?
Pennsylvania Rule of Professional Conduct 1.8(c) deals with this issue and notes as follows:
“A lawyer shall not solicit any substantial gift from a client, including a testamentary gift or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. For purposes of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship.”
The rule is pretty clear a lawyer can’t ask for any gifts, or prepare any document giving the lawyer a gift. There is obviously an exception for family members, but that is not applicable in this question.
Comment 7 notes that if a substantial gift is prepared, any document should not be prepared by the lawyer, but should be prepared by the services of an independent lawyer who would not benefit from the gift.
Therefore, concerning receiving such a gift, the lawyer is in somewhat of a bind. It is a conflict of interest. The attorney-client relationship in many ways creates an inherent disadvantage between the attorney and the client. The lawyer has to always recognize that and be willing to reject any additional gifts or compensation of any value from a satisfied client. The relationship of the attorney and client is just too close for the client to make any firm, independent judgment about giving additional money to the lawyer. The lawyer has been paid and that should resolve the matter and the lawyer should firmly reject any additional bonuses other than a token gift or a good dinner from the client.
Reference: Ethic Forum, By Samuel C. Stretton, Pennsylvania Law Weekly (November 5, 2013)
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