99-3.

• Case Date: July 09, 1999
• Court: Kansas

Kansas Ethics Opinion 1999. 99-3. July 9, 1999KBA Legal Ethics Opinion No. 99-3July 9, 1999 TOPIC: Client conflicts in representation of an intestate estate DIGEST: An attorney who is asked by the administratrix of an intestate estate to represent her in both her individual capacity as widow and heir and her representative capacity may not do so because the widow has a personal conflict in roles that she cannot personally reconcile, thus the attorney cannot be released by such client through a KRPC 1.7 waiver of the attorney's conflict. The only exception is if all the heirs in the estate agree to the widow's position, which is not likely under the facts and circumstances. Date of Request: April 15, 1999 Reference: MRPC 1.7, 3.7 The function of the Kansas Bar Association's ethics advisory service is to respond to inquiries from Kansas-licensed lawyers concerning proposed conduct. The limitations on the service do not allow us to render an opinion regarding past conduct or the conduct of someone other than the requesting attorney. The following constitutes only the opinion of the Committee on Professional Ethics-Advisory Services, and is not in any way intended to be a guarantee of a particular result or a conclusion by appropriate authorities. Further, this document constitutes the Committee's opinion based on the facts and information contained in correspondence above referenced. It is based on a review of the disciplinary rules, model rules of professional responsibility and conduct, and applicable case law. This opinion is not a grant of immunity from any form of legal or disciplinary proceeding. The opinion herein is that of a KBA committee without official government status. The Kansas Bar Association expressly disclaims any liability in connection with issuing this opinion. FACTS Lawyer represents an intestate estate in which the widow is the administrator. Two heirs exist -- the widow and the decedent's adult son from the decedent's prior marriage. The widow and stepson are not blood relatives. There are no minor children of the current marriage, nor any question of heirship. Each of the two heirs has the right to inherit one half any property listed in the name of the decedent only. Widow lives on an improved quarter section and appears to have a right to have the quarter section set aside to her as her homestead. She also...