Question
An elderly client, Juan Martinez, comes to lawyer Sally Phillips for a power of attorney and revocable living trust.Sally asks paralegal Jane Grisham to include
An elderly client, Juan Martinez, comes to lawyer Sally Phillips for a power of attorney and revocable living trust.Sally asks paralegal Jane Grisham to include the following provisions in the legal documents:Sally is named as the lawyer and co-trustee and each of Sally's five children is given a gift of $5,000 under the trust.As far as Jane knows, Sally and Juan are not related.
a. What ethics rules are implicated in the trust provisions?
b. Will these provisions be held void and unenforceable?
c. What other information do you need to decide?
d. What should Jane do if she finds that Sally and Juan are not related and that Sally did not advise Juan about the conflict?
All information is included. No other information is missing.
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