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...