Legal Question in Legal Ethics in California
My question involves two wills and two trusts, an attorney, and conflict of interest.
There were two settlor/ trustors. One had impaired eyesight. Both were weakened by health problems. They signed approximately 60 pages of normal-sized print in one day. Only the attorney was present with them at the reading and signing of the trust instruments. A law firm partner
served as notary. Neighbors who were close in age to the s/ t's signed as witnesses to the signing of the wills.
The attorney provided the estate planning advice and drafted the instruments; was named in the wills as executor; was named in one trust instrument as successor trustee, and was continuously trust attorney; became trustee of the other as soon as it was signed; and was named in both trusts as one of the remainder beneficiaries.
The lawyer, as a blood relative of the s/ t's, did not in the behavior described above violate the California Probate Code. A member of the State Bar told me the lawyer did commit a serious violation of professional ethics. I could not find it specified in a California code. Did I miss it? Do you agree with my informant?
The lawyer went on to commit many breaches of trust, but I am asking whether the role combination in itself broke any rules that can be enforced.
1 Answer from Attorneys
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=21001-22000&file=21350-21356