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Question 1
Your mom Gazilda asks you, an eminent attorney, to draft her will. This makes you nauseous, as you could never face the notion that your mom Gazilda is a mere mortal and might one day pass on. You figure, though, that if you work hard you could save Gazilda a pretty decent amount of money. As a practicing attorney you know that these kinds of tasks cost clients lots of money, especially if an estate is somewhat complicated. Your mom's estate is, in fact, rather complicated, given that you have three brothers and two sisters (two brothers are from Gazilda's earlier marriage to a plastic cup salesman she divorced before you were born) and your mom has assets entangled in far-off places which you have trouble pronouncing. Nonetheless, you're a superstar, and you know you can handle the task. One problem you realize you stand to take as a beneficiary in the will. Can you draft the will and include a gift for yourself in it?
Correct In cases where a lawyer is drafting a will and making himself a beneficiary in it, the concern is that the lawyer will manipulate the client, or the language of the instrument he is drafting for the client, in order to obtain gifts the lawyer did not earn or does not deserve. A lawyer, however, may draft a will and make himself a beneficiary if the will is for a family member, as it is in this example. Therefore, choice (a) is the best answer. You may draft Gazilda's will and make yourself a beneficiary without exception.
Incorrect! In cases where a lawyer is drafting a will and making himself a beneficiary in it, the concern is that the lawyer will manipulate the client, or the language of the instrument he is drafting for the client, in order to obtain gifts the lawyer did not earn or does not deserve. A lawyer, however, may draft a will and make himself a beneficiary if the will is for a family member, as it is in this example. Therefore, choice (a) is the best answer. You may draft Gazilda's will and make yourself a beneficiary without exception.
Correct
Incorrect!
Correct
Incorrect!
Question 2
As a celebrated trusts and estates lawyer, you have handled the estates of the rich and famous and have acquired a reputation as an exciting, world-traveling romantic. Older folks, some in their twilight years, seek your services and your company. One client, Pat Youngin, falls for you sincerely. Pat wants you to prepare a will, and include a clause stating that you receive Pat's precious 30-foot yacht upon Pat's passing. May you do so?
Correct A lawyer may not draft an instrument and name herself as a beneficiary, unless she is doing so for a family member. The chief ethical concern is that the lawyer will manipulate the client, or the language of the instrument he is drafting for the client, in order to obtain gifts the lawyer did not earn or does not deserve. Since the facts do not indicate that Pat is a member of your family, you are not entitled to draft Pat's will and name yourself a beneficiary. Therefore, choice (a) is the best answer.
Incorrect! A lawyer may not draft an instrument and name herself as a beneficiary, unless she is doing so for a family member. The chief ethical concern is that the lawyer will manipulate the client, or the language of the instrument he is drafting for the client, in order to obtain gifts the lawyer did not earn or does not deserve. Since the facts do not indicate that Pat is a member of your family, you are not entitled to draft Pat's will and name yourself a beneficiary. Therefore, choice (a) is the best answer.