Court Invalidates Will and Trust Naming Lawyer as Beneficiary
JULY 11, 2016 VOLUME 23 NUMBER 26 One principle governing lawyers is obviously and intuitively correct: A lawyer may not prepare a will or trust (or, for that matter, any other document or arrangement) by which a client makes any substantial gift to the lawyer. Similarly, lawyers are precluded from preparing documents giving or leaving […]
Reporting Abuse, Neglect or Exploitation of Vulnerable Adults
DECEMBER 23, 2013 VOLUME 20 NUMBER 48 As people live longer and the elderly population increases, so does the likelihood of abuse, neglect and exploitation of vulnerable adults. Lawyers, accountants, doctors, nurses, caretakers, bankers — indeed, any professional — faces a growing probability that at some point they will be confronted with the issue of […]
Lawyer Suspended for Bad Special Needs Trust Advice
MAY 16, 2011 VOLUME 18 NUMBER 18 Sometimes in our zeal to help solve problems we lawyers can get carried away. We are constrained by ethical rules to avoid conflicts of interest. We also have to act competently. In a case involving an injured young man, a special needs trust and the state’s Medicaid claim […]
Attorney Disciplined for Advice to Ignore POA Limitations
JANUARY 3, 2011 VOLUME 18 NUMBER 1 Lawyers, of course, grapple with ethical issues constantly. Elder law attorneys see particular ethical issues recur frequently. Sometimes the lawyer’s eagerness to accomplish the client’s wishes can cloud the lawyer’s ethical judgment. Sometimes the lawyer’s fascination with what might be done can even gallop ahead of the client’s […]
Lawyer Suspended After Filing Guardianship Petition on Client
JUNE 22, 2009 VOLUME 16, NUMBER 45 A lawyer’s job is, of course, to help his or her client to accomplish the client’s goals. Sometimes, though, the client’s capacity may be diminished, and particularly in the elder law practice. What should the lawyer do when the client seems to be vulnerable to financial exploitation, or […]
Attorney Prepares Will Leaving Client’s Estate to His Daughter
APRIL 24, 2006 VOLUME 13, NUMBER 43 Sarah Ann Ester Straw went to her lawyer, N. Frank Lanocha, to have a will prepared. According to Mr. Lanocha, she wanted to leave the bulk of her estate to the lawyer’s daughter, Teresa Lanocha-Sisson. He prepared a will that did exactly that—in fact, it left $1,000 to […]
Two Lawyers Suspended For Including Themselves in Wills
APRIL 21, 2003 VOLUME 10, NUMBER 42 In recent weeks two Maryland lawyers have lost their licenses to practice law for the same offense. Both wrote themselves into wills they prepared for their clients. Even though each lawyer had a longstanding personal relationship with the client, and there was no evidence of coercion or influence, […]
