To Lawyers Who Refer Clients to Estate-Planning Attorneys Who Act as Professional Trustees: Beware the Uniform Trust Code’s Independent-Counsel Liability Trap
By EsqSocial Corporation 29/04/25
Consider the lawyer who lacks a working familiarity with trusts, and with estate planning generally. He prudently and ethically refers a client in need of an estate plan to a well-respected lawyer who also happens also to be in the business of serving as a trustee. The lawyers are affiliated neither personally nor professionally. The estate-planning lawyer designates himself as trustee of a trust that he has drafted for the settlor and then presents the draft to the referring lawyer for his...
By: Charles E. Rounds, Jr. - Suffolk University