Representations Involving Fiduciary Entities: Who is the Client?

38 Pages Posted: 21 Mar 2012 Last revised: 22 Jun 2012

Jeffrey N. Pennell

affiliation not provided to SSRN

Date Written: November 14, 2011

Abstract

The professional responsibility rules require attorneys to comply with certain ethics requirements when representing clients, and these responsibilities may vary depending on who is identified as the client. This article explores the option of treating an estate or trust as the client rather than the fiduciary that represents that entity, as a method to better conform to the need for certain attorney responses to predictable ethics issues (such as the duty of confidentiality to a defalcating fiduciary).

Suggested Citation

Pennell, Jeffrey N., Representations Involving Fiduciary Entities: Who is the Client? (November 14, 2011). Fordham Law Review, Vol. 62, pp. 1319-1356, 1994; Emory Legal Studies Research Paper No. 12-197. Available at SSRN: https://ssrn.com/abstract=1959440

Jeffrey N. Pennell (Contact Author)

affiliation not provided to SSRN ( email )

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