Legal Question in Wills and Trusts in Michigan

Should My mother Fire her Attorney?

My question pertains to the integrity of an Attorney. My Mother who is in poor health, and my Father who is in worse health, has hired a lawyer to complete their Will, Trust, and any financial out come of their Estate once one or both is deceased.

Reasons I am questioning the Lawers integity is this. This (Lawyer) has on many accounts came to their house on the impression to give them some paper work, and has sat down at their table and drank booze with my mother to the point of getting drunk. This lawyer than drives my mother to places ie.. hospital to see my Father who was sick. This individual has also made crude comments to the hired help taking care of my Father ( bordering sexual harassment). And last but not least this ''Attorney'' had the guts to tell the bank when cashing my Mothers check that she had written the check incorrectly and tried to pass off a $1,000 check for $10,000. What should I do? Is there any Legal recourse? Or should I suggest to my Mother to fire this crook and hire some one more ethical?


Asked on 1/25/02, 1:28 pm

3 Answers from Attorneys

William Stern William Stern, P.C.

Re: Should My mother Fire her Attorney?

I would definitely express your concerns to your mother and suggest that she have all the documents reviewed by another attorney. It never hurts to get a second opinion. You would be amazed what I have found in the past. In one case, I found that an attorney put the referring accountant in the will to be the personal representative and trustee, when there were perfectly acceptable family members to serve. The clients did not have a clue that the attorney did this. So I cannot urge you strongly enough to obtain a second opinion. The other attorneys suggestions that you contact the bar may be well intentioned but will not solve your problems if one of your parents becomes mentally incapacitated in the near future or dies. Therefore, jump on this. If you wish me to look over the documents, give me a call at 248-353-9400.

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Answered on 1/26/02, 11:40 am
Philip Schmidt Brady, Coyle & Schmidt, Ltd.

Re: Should My mother Fire her Attorney?

I would recommend that you discuss this with your mother. You may also want to contact the local bar association grievance committee. If your mother acknowledges there is a problem, she should hire another attorney who can then contact the first one and terminate his services.

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Answered on 1/25/02, 1:58 pm
Patricia Prince Patricia Gormely Prince, P.C.

Re: Should My mother Fire her Attorney?

You should call the State Bar of Michigan immediately, and relay your concerns. The tollfree number is 1-800-968-1442 (which will probably get you in a voice-mail type system) or call 1-517-346-6300 for operator assistance.

Is your mother concerned? If so, and assuming what you say is true, I would have serious concerns regarding his represtentation of her and your father.

Pat Prince

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Answered on 1/25/02, 2:21 pm


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