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Conflict of interest

Conflict of Interest Rules Do Not Disqualify Lawyer as Trustee

Some hard-and-fast conflict of interest rules govern lawyers. Put simply, a lawyer may not represent anyone in an action against a current client. The lawyer is also disqualified from acting against a former client’s interests. That latter rule applies, however, only to matters related to the actual representation of the former client. Competent clients can …

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State court

State Court Ordered to Approve Special Needs Trust

When an individual receiving Medicaid benefits receives a significant personal injury award, federal law permits creation of a “special needs” trust to hold the proceeds. That way, the individual can continue to receive Medicaid and other government benefits. Although every state’s Medicaid program allows such trusts, state court judges often balk at the concept. A …

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Electronic will

Cellphone File Admitted as Electronic Will in Michigan Probate Proceeding

The law permitting a digital or electronic will is rapidly developing. We have written about the idea of an electronic will before, advising readers not to rely on this developing law. A recent appellate court decision approved what appears to be the first purely electronic will in American legal history. Even as electronic will laws …

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