Legal Question in Legal Malpractice in California
legal malpractice
my father hired an attorney to write his will. he passed away 1990. his wife passed away 2005. I am the trustee to this will. My step-sister who is not mentioned in the will hired the attorney that wrote the will for my father to take me to court for funds, which she did. Isn't this wrong on the attorneys part? please help. I need an answer. thankyou
2 Answers from Attorneys
Re: legal malpractice
It seems to me that the lawyer would have a conflict of interest. He was a party to conversations and other communications with your father about his intentions and, therefore, is a witness. He, therefore, is taking a position adverse to his former client without your father's estate's approval, and might be in violation of State Bar regulations. You might move the court to disqualify him because of this.
Re: legal malpractice
Yes.
This is a conflict of interests for the attorney.
First he represented your father, and even after death must continue to honor any private communications between your Dad and himself.
Secondly, he is apparently contesting a will he wrote.
Unless you didn't give me all the facts, and there is something missing this is a violation of the ethics code for attorneys.
I am assuming you are executor, not trustee.
Normally, if the attorney who prepared the will is still alive,and practicing, he/she represents the executor.
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