 |
|
Nov. 23, 2009
JWisdom.com: Actually, it really is all about you with Rabbi Lawrence Hajioff
Nov. 20, 2009
Nov. 19, 2009
Jonathan Tobin: ADL Crosses the Line with Report Bashing Obama Critics
Nov. 18, 2009
JWisdom.com: The (Jewish) Dating Game
with Rabbi Lawrence Hajioff (8 minutes)
Nov. 17, 2009
Steven Emerson: How Does the 4th Amendment Impact Terror Finance Investigations?
JWisdom.com: If Frank Sinatra married Edith Piaf
with Rabbi Y.Y. Rubinstein (2 minutes) Life lessons from what would be regarded as the most inappropriate lyrics ever sung
Nov. 16, 2009
JWisdom.com: Deconstructing faith
with Rabbi Warren Goldstein (9 minutes)
Nov. 13, 2009
JWisdom.com Sarah's subjective reality
with Rabbi Sroy Levitansky ( 6 minutes)
Nov. 12, 2009
JWisdom.com Does God get tired?
with Rabbi Harvey Belovski ( 5 minutes)
Nov. 11, 2009
JWisdom.com Marriages are not made in Heaven
with Rabbi Lawrence Hajioff (VERY fast 15 minutes)
Nov. 10, 2009
Michael Doyle: Author of book exposing CAIR ordered to remove supporting documents from Web
JWisdom.com If the creation so loudly shouts the existence of the Creator, why aren't more people believers? with Rabbi Naftali Brawer (9 minutes)
Nov. 9, 2009
Mark Steyn: Shooter exposes hole
in U.S. terror strategy
JWisdom.com It's never too late to
have a happy childhood with Sarah Chana Radcliffe (5 minutes)
Nov. 6, 2009
JWisdom.com Zero to 1/60th: How
to Empower An Hour with Gavriel Aryeh Sande (7 minutes)
Nov. 5, 2009
JWisdom.com Hidden Hints: Unlocking
Faith & Prayer with Rabbi Jay Yaacov Schwartz (10 minutes)
Nov. 4, 2009
JWisdom.com When God played peacemaker
With Rabbi Sroy Levitansky (5 minutes)
Nov. 3, 2009
JWisdom.com Are you are closet idolater?
With Sara Yoheved Rigler (10 minutes)
Nov. 2, 2009
JWisdom.com Abraham's Strange Change
With Rabbi Yitzchok Fingerer (5 minutes)
|
| |
Jewish World Review
May 29, 2007
/ 12 Sivan, 5767
Do we need a ‘conflicts waiver’?
By
Jan L. Warner & Jan Collins
| 
|
|
|
|
http://www.JewishWorldReview.com |
Q: After I retired, my wife and I moved to another state to spend our "golden years." Because we had not been to a lawyer in years, we decided to wait until after our move to get new documents in our new state of residence. We carefully chose the firm and the lawyer after much research on our part.
Our needs, we thought, were relatively simple: We don't have a taxable estate, have been married for 49 years and have two grown children who are both professionals, married and stable. I have a sizable IRA and, together, we own our home and our bank and brokerage account. After we laid this out to the lawyer, he made some suggestions, and then shocked us by telling my wife and me that we would have to sign a "conflicts waiver." He told us that there were possible conflicts in doing the work for both of us, and he was duty bound to explain them to us.
While he made a sincere effort to explain it, we still do not understand. Thankfully, your column is also carried in our local paper in our new city. Could you please give us a layman's answer to this conflict silliness? We have been married for a long time and don't see the problem.
A: While it may sound silly or strange, the attorney you saw is doing his job correctly. While we all have heard over and over that "no man can serve two masters" — or mistresses, as the case may be, it probably didn't sink in here. But the fact is, whenever a lawyer represents two or more individuals, there is always at least the potential of a conflict of interest, even when the clients agree about everything.
The same is true when a married couple sees an attorney because the estate plan decided upon, depending on the circumstances, may well result in one spouse being deprived of a legal right. Whenever a person in a joint representation may be deprived of a legal right, the lawyer must advise that person that he or she is entitled to seek the opinion of an independent attorney and, in fact, must recommend a second attorney.
However, when both spouses are adamant that they wish to be represented by the same lawyer, the lawyer should incorporate both spouses' desires in what is called a "joint" or "dual" representation letter that is signed by both spouses. This type of letter is important because both spouses have acknowledged that each was advised of the potential or actual conflict and waived the right to seek independent counsel.
There are some situations in which each spouse should be represented by an independent lawyer — such as a premarital or separation agreement and, depending on the circumstances, some second-marriage situations may also require the need for two lawyers. In addition, where assets are transferred from one spouse to another, extra protection may be warranted.
The joint representation letter should specifically include the parameters of the lawyer's representation that generally include, in estate-planning situations, 1) review of existing wills, powers of attorney, trusts, etc.; 2) recommendations about how each of you wants to dispose of your property at disability or death; 3) preparation of documents necessary to accomplish your goals, including wills, powers of attorney, health care powers of attorney and the like.
The letter should go further to advise you that while in most circumstances one lawyer couldn't represent both of you, your knowledgeable waiver of having independent counsel represent each of you is the reason the lawyer is proceeding. Also, it should include that both of you will provide open and complete disclosures and exchanges of information, and if a conflict does arise in the future, the lawyer must withdraw from any further joint representation and cannot represent either of you
Taking the NextStep: In the more than 18 years that we have been writing our columns, this is the first reader request for information about dual-representation conflicts. This lawyer knows what he is doing.
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.
Archives
© 2007, Jan Warner
|
|
Arnold Ahlert
Mitch Albom
Michael Barone
Dave Barry
Tony Blankley
Andy Borowitz
David Broder
Stratfor Briefing
Mona Charen
Linda Chavez
Ann Coulter
Greg Crosby
Larry Elder
Suzanne Fields
John Fund
Frank J. Gaffney
Lloyd Garver
Jonah Goldberg
Julia Gorin
Jonathan Gurwitz
Paul Greenberg
Lewis Grossberger
Victor Davis Hanson
Betsy Hart
Nat Hentoff
David Horowitz
Laura Ingraham
Cheri Jacobus
Jeff Jacoby
Paul Johnson
Jack Kelly
Ed Koch
Ch. Krauthammer
Michael Ledeen
John Leo
David Limbaugh
Kathryn Lopez
Rich Lowry
Michelle Malkin
Jackie Mason
Dick Morris
Bill O'Reilly
Jim Mullen
Clarence Page
Kathleen Parker
Dennis Prager
Wesley Pruden
Tom Purcell
Jonathan Rauch
Celia Rivenbark
Robert Robb
Cokie & Steve Roberts
Pat Sajak
Debra J. Saunders
Culture Shlock
Roger Simon
Michael Smerconish
Thomas Sowell
Mark Steyn
John Stossel
Cal Thomas
Bob Tyrrell
Diana West
Dave Weinbaum
George Will
Walter Williams
Byron York
Mort Zuckerman
Robert Arial
Chuck Asay
Baloo
Chip Bok
Dry Bones
Lisa Benson
John Branch
Gary Brookins
John Cole
J. D. Crowe
John Deering
Brian Duffy
Everything's Relative
Mallard Fillmore
Jake Fuller
Bob Gorrel
Joe Heller
David Hitch
Jerry Holber
Steve Kelley
Jeff Koterba
Dick Locher
Chan Lowe
Ranan R. Lurie
Jimmy Margulies
Rick McKee
Michael Ramirez
Kevin Siers
Jeff Stahler
Ed Stein
Danna Summers
John Trever
Gary Varvel
Kirk Walters
How 2
Lori Borgman
The Savvy Consumer
Elder matters
Fixit
Dr. Peter Gott
GET A JOB! by Marty Nemko
Richard Lederer
Tech Maven
Every Monday Matters
Nutrition Myths
Bookmark These
Bruce Williams
How Stuff Works
|
