Ethics

Question 1

Test of “testamentary capacity” for clients with diminished capacity

if unsure about testamentary capacity

Answer 1

should consider obtaining court supervising of proposed estate plan, including substituted judgment proceedings

Question 2

4 important model rules for representing clients jointly

Answer 2

-1.2: prohibiting a lawyer from doing anything that furthers fraud by a client
-1.4: Requiring lawyers to keep clients informed
-1.6: Requiring a lawyer to maintain client confidences
-1.7: dealing with conflicts of interests

Question 3

When a client has diminished capacity, 3 rules

Answer 3

1. maintain a normal client relationship
2. may take reasonable necessary protective action, if believe the client if of risk of substantial physical, financial, or other harm
3. may reveal client info, only if reasonably necessary to protect the clients interests

Question 4

Test of “testamentary capacity” for clients with diminished capacity

if capacity is uncertain

Answer 4

don’t prepare an instrument for them

Question 5

Test of “testamentary capacity” for clients with diminished capacity

if capacity is borderline

Answer 5

may properly assist the client

Question 6

Overall, the Model rules for diminished capacity, requires the lawyer to

Answer 6

follow the wishes of the client, even if they have a diminished capacity

Question 7

A way to combat interspousal conflicts

Answer 7

have an engagement letter authorizing the lawyer to disclose confidences to either spouses