Can a drafting attorney draft an unrelated will?
The related Ethical Consideration, 5-5, does not flatly prohibit testamentary dispositions from an unrelated client.’ The rule, however, warns the drafting attorney of his suscep- tibility to charges of undue influence and advises attorneys to insist that the client desiring such a will have another attorney draft the instrument.
What should I say if my attorney is not returning my calls?
You’ll get attention, but you won’t keep it. Lawyers are trained in logic. They respond to objective, well-reasoned, unemotional statements. If you begin with, “It sounds like you’ve been busy,” or “Is there anything I can do to expedite collection of the fee?” you’ll be encouraging a dialogue, not two monologues.
What can a lawyer do if a will is missing?
Not only do the laws in most states prohibit this, lawyers have an ethical responsibility to safeguard their clients’ documents. However, this might not do you much good if you can’t find the attorney to ask where he placed the will. You’ll have to do a bit of detective work instead.
Can a lawyer toss a will into the trash?
If your loved one left his last will and testament with his attorney for safekeeping, the attorney can’t toss the will into a trash bin when he decides to retire or close his office. Not only do the laws in most states prohibit this, lawyers have an ethical responsibility to safeguard their clients’ documents.
Can a lawyer draft will for an out of state resident?
One attorney said, “Sure, you can draft a will for a non-resident, but just don’t sign your name to it.” Another attorney emphatically said, “No, drafting a will for a non-Ohio resident would be a violation of the Ohio Model Rules of Professional Conduct which prohibits the unauthorized practice of law.”
When does an attorney have to return a client’s file?
In most states the Rules of Professional Conduct require under penalty of attorney discipline that the attorney return the clients “papers” upon request, and in a prompt manner. In fact, even if the attorney claims money is owed to the attorney by the client, his/her ethical duty is to return the file, not hold it for ransom until paid.
What happens to your file when you change attorneys?
These would include documents that reflect the attorney’s impressions, opinions, and legal theories, as well as legal research. Other jurisdictions, such as Washington, DC, say that the client must receive the entire file, including attorney notes, opinions, and strategy information.
Do you need an application for return of original documents?
Many situations may require you to present your original documents, and as long as they are legal, you should not worry about getting them back. A simple, well-written application for return can solve your problem in no time. That said, you should know when and to whom to send it.