Legal Question in Wills and Trusts in California
if lawyer is being disbarred,and draws up a disclaimer,(for intrested person to give up intrest in property left to him in a family trust)is disclaimer legal or valid?
2 Answers from Attorneys
Until a lawyer is actually disbarred or suspended, they can still practicce law/draft documents.
I agree with Mr. Selik that until a disbarment is complete the attorney is entitled to practice law just as if nothing had happened, unless they were suspended pending investigation/prosecution of the disbarment. I would also add that who draws up a document has little or nothing to do with its validity. If your great aunt Mavis drew up a masterful, legally correct disclaimer for the interested person and it was duly executed, it would be perfectly valid. Aunt Mavis, like a disbarred or suspended lawyer, would be guilty of practicing law without a license, but that does not affect the documents they prepare. Non-lawyers prepare valid legal documents all the time, and as long as they are doing it for themselves or under a legally recognized exception to the attorney licensing laws (such as real estate agents preparing contracts) not only are the documents valid, it is also perfectly legal to do it.