Legal Question in Wills and Trusts in New York

A lawyer shall not accept or continue employment if the exercise of professional judgment on behalf of the client will be or reasonably may be affected by the lawyer�s own financial, business, property, or personal interests, unless a disinterested lawyer would believe that the representation of the client will not be adversely affected thereby and the client consents to the representation after full disclosure of the implications of the lawyer�s interest.

Basically, this lawyer should make it clear that he will have an interest in the estate. I would request that the client sign an acknowledgment that this has been explained to them.

Other states have requirements that a lawyer who is a beneficiary may only draft the will if it follows a natural distribution - a son who is an attorney may draft a parent's will if it divides the estate equally between him and his siblings but may not draft a will excluding his siblings.