Janus As a Client: Ethical Obligations When Your Client Plays Two Roles in One Fiduciary Estate

ACTEC Law Journal, Vol. 44, No. 3, Pp. 223-56 (2019)

35 Pages Posted: 25 Sep 2019

See all articles by Karen E. Boxx

Karen E. Boxx

University of Washington School of Law

Philip Jones

Duffy Kekel LLP

Date Written: Summer 2019

Abstract

Is it possible for an attorney to have a conflict of interest when the attorney represents a trustee who is also a beneficiary of the trust? Is that situation similar to having two clients? What if the trustee is not only a beneficiary, but also a claimant against the trust? Since the trustee has three roles to play, is that situation similar to an attorney having three clients? The issue presented by these potential conflicts was one of the most vexing for the drafters of the Fifth Edition of the ACTEC Commentaries. The range of possible approaches goes from a requirement that a separate lawyer is needed for each role to a view that a client with multiple roles can rely on one lawyer. This article examines the various court and ethics opinions, considers the arguments for the different approaches, and recommends best practices for attorneys when their clients have such conflicts.

Keywords: Estate Planning, Estate Administration, Trusts, Fiduciaries, Conflict of Interest, Professional Responsibility, Legal Ethics, Attorneys, Lawyers, Rules of Professional Conduct, RPC

Suggested Citation

Boxx, Karen E. and Jones, Philip, Janus As a Client: Ethical Obligations When Your Client Plays Two Roles in One Fiduciary Estate (Summer 2019). ACTEC Law Journal, Vol. 44, No. 3, Pp. 223-56 (2019), Available at SSRN: https://ssrn.com/abstract=3444493

Karen E. Boxx (Contact Author)

University of Washington School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States
206-616-3856 (Phone)
206-685-4469 (Fax)

HOME PAGE: http://www.law.washington.edu/directory/profile.aspx?ID=121

Philip Jones

Duffy Kekel LLP ( email )

900 SW Fifth Avenue
Suite 2500
Portland, OR 97204
United States

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