Legal Question in Wills and Trusts in Maryland

Re: possible conflict

Many facts are not addressed in your question. Such as, what is the size of the firm, do the attorneys interact regularly, etc.? More importantly you should recognize that a caveat contest is not an easy endeavor.

Conflict questions may also arise in estate planning and estate administration. In estate administration the identity of the client may be unclear under the law of a particular jurisdiction. Under one view, the client is the fiduciary; under another view the client is the estate or trust, including its beneficiaries.

The lawyer should make clear the relationship to the parties involved.

Consent of clients may obviate matters for the attorney however the firm may be involved from another persective.

Where there is a conflict as to litigation the firm would be compromised. This firm would be disqualified from representing both sides of a caveat contest.

Essentially a lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, unless each client consents after consultation, including disclosure of the existence and nature of all the claims involved and of the participation of each person in the settlement.

If you need an attorney contact me at (410) 799-9002 or (410) 619-5918. Joe Holthaus