Last year, Attorney Edna represented Marcos, an elderly man,…
Last year, Attorney Edna represented Marcos, an elderly man, in drafting his will. The representation was concluded when the will was finalized. Recently, Marcos has begun to exhibit signs of dementia, and a doctor has diagnosed Marcos with the beginning stages of Alzheimer’s disease. The adult children of Marcos have begun to examine many of Marcos’s actions during the past year because they reasonably believe that Marcos may not have been acting in his own best interests. The children have asked Attorney Edna to disclose the contents of Marcos’s will. Marcos has not given Attorney Edna consent to disclose his will to his children. Attorney Edna has refused to disclose the will to the children and has not provided any information or advice to the children. Was it proper for Attorney Edna to refuse to disclose Marcos’s will to the children?
Read DetailsWhile representing Webster in a federal income tax matter, A…
While representing Webster in a federal income tax matter, Attorney Myron realized that he had failed to make a timely filing with the Internal Revenue Service (IRS) on behalf of Webster. Attorney Myron determined that Webster would owe $2,000 in penalties and interest as a result of the missed filing. Attorney Myron explained the error and the likely resulting liability to Webster and offered to pay Webster $5,000 to cover the penalties and interest in exchange for a release from Webster of any potential malpractice claim. Attorney Myron advised Webster in writing to seek independent legal advice before accepting the settlement offer. Several weeks later, Webster told Attorney Myron that he had decided not to meet with another lawyer and was ready to settle the claim. Attorney Myron paid Webster $5,000, and Webster signed a release form. Webster later paid the IRS $2,000 in penalties and interest. Attorney Myron did not report his error and the settlement to his malpractice insurance carrier because his insurance rates would increase if he did so. Is Attorney Myron subject to discipline?
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