121213 UTEO, ETH 2013-05

• Case Date: December 12, 2013
• Court: Rhode Island

ETH 2013-05 Ethics Advisory Panel Op. 2013-05 Rhode Island Ethics Opinion Rhode Island Supreme Court December 12, 2013           FINAL          FACTS          The inquiring attorney's client (Client) had signed a revocable living trust and other estate planning documents in 1993. The trust was amended several times and finally amended in its entirety in 2012. The original trust provided that all assets in the trust be left to Client's daughter. Client bequested tangible personal property to Client's daughter in a pourover will. The trust named Client's daughter as successor trustee.          Client was divorced many years ago. In 2012, Client sought the inquiring attorney's legal services to amend the trust to leave Client's home to a female friend. The Client thereafter executed an amendment by the entirety which included a provision leaving Client's home to a female friend. The inquiring attorney and a paralegal attended to the execution of the amended trust. The inquiring attorney states that he/she determined Client to be competent at the time of the execution.          Client died in 2013. Client's assets pass to Client's daughter under the terms of the trust with the exception of Client's home which, under the terms of the trust, passes to Client's female friend.          Client's daughter has requested the inquiring attorney's assistance in settling Client's estate. The daughter is disturbed that Client's home was left to Client's female friend. The inquiring attorney along with another attorney in the inquiring attorney's law firm, advised the daughter about the grounds for setting aside provisions of the trust. The daughter has retained another lawyer to represent her and the trust.          ISSUE PRESENTED          The inquiring attorney asks about his/her ethical obligations regarding communications with the successor attorney and with the trustee, as well as regarding testimony at trial or at a deposition.          OPINION          The inquiring attorney must assert both the obligation of confidentiality under Rule 1.6, and the attorney-client privilege...