Representations Involving Fiduciary Entities: Who is the Client?
Jeffrey N. Pennell
affiliation not provided to SSRN
November 14, 2011
Fordham Law Review, Vol. 62, pp. 1319-1356, 1994
Emory Legal Studies Research Paper No. 12-197
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).
Number of Pages in PDF File: 38
Date posted: March 21, 2012 ; Last revised: June 22, 2012