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Probate Law: Ethical Considerations

Description: Probate Law: Ethical Considerations
Number of Questions: 10
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Tags: probate law ethical considerations legal ethics
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What is the primary ethical duty of an attorney representing a client in a probate matter?

  1. To zealously advocate for the client's interests, regardless of the consequences.

  2. To act in accordance with the client's wishes, even if the attorney believes they are unethical.

  3. To uphold the integrity of the legal system and ensure that justice is served.

  4. To avoid any conflict of interest that may impair the attorney's ability to represent the client effectively.


Correct Option: C
Explanation:

The primary ethical duty of an attorney representing a client in a probate matter is to uphold the integrity of the legal system and ensure that justice is served. This means that the attorney must act in accordance with the law, avoid any conflict of interest, and disclose any information that may be relevant to the case.

What should an attorney do if they learn that their client intends to commit perjury during a probate proceeding?

  1. Withdraw from the case immediately.

  2. Inform the court of the client's intention.

  3. Advise the client against committing perjury, but continue to represent them.

  4. Do nothing, as the client has the right to testify as they see fit.


Correct Option: A
Explanation:

An attorney who learns that their client intends to commit perjury during a probate proceeding must withdraw from the case immediately. This is because the attorney has a duty to uphold the integrity of the legal system and ensure that justice is served. Perjury is a crime, and the attorney cannot be complicit in it.

What should an attorney do if they are approached by a potential client who wants to contest a will that they believe is invalid?

  1. Decline to represent the client, as it would be unethical to challenge a valid will.

  2. Accept the case and vigorously represent the client's interests.

  3. Advise the client to seek a second opinion from another attorney.

  4. Inform the court of the potential client's intentions.


Correct Option: C
Explanation:

An attorney who is approached by a potential client who wants to contest a will that they believe is invalid should advise the client to seek a second opinion from another attorney. This is because the attorney has a duty to ensure that the client is fully informed of their rights and options before making any decisions about how to proceed.

What is the duty of an attorney who is representing a client in a probate matter where there is a conflict of interest?

  1. To withdraw from the case immediately.

  2. To disclose the conflict of interest to the client and obtain their consent to continue representing them.

  3. To continue representing the client without disclosing the conflict of interest.

  4. To inform the court of the conflict of interest.


Correct Option: B
Explanation:

An attorney who is representing a client in a probate matter where there is a conflict of interest has a duty to disclose the conflict of interest to the client and obtain their consent to continue representing them. This is because the attorney has a duty to avoid any conflict of interest that may impair their ability to represent the client effectively.

What should an attorney do if they learn that their client has concealed assets from the probate court?

  1. Withdraw from the case immediately.

  2. Inform the court of the client's concealment of assets.

  3. Advise the client to disclose the concealed assets to the court.

  4. Do nothing, as the client has the right to keep their assets confidential.


Correct Option: B
Explanation:

An attorney who learns that their client has concealed assets from the probate court has a duty to inform the court of the client's concealment of assets. This is because the attorney has a duty to uphold the integrity of the legal system and ensure that justice is served. Concealing assets from the probate court is a crime, and the attorney cannot be complicit in it.

What is the duty of an attorney who is representing a client in a probate matter where the client is incapacitated?

  1. To withdraw from the case immediately.

  2. To continue representing the client without obtaining their consent.

  3. To obtain the consent of the client's legal guardian or conservator.

  4. To inform the court of the client's incapacity.


Correct Option: C
Explanation:

An attorney who is representing a client in a probate matter where the client is incapacitated has a duty to obtain the consent of the client's legal guardian or conservator. This is because the attorney cannot represent the client without their consent, and the legal guardian or conservator has the authority to make decisions on behalf of the client.

What should an attorney do if they learn that their client has made a bequest to them in their will?

  1. Withdraw from the case immediately.

  2. Accept the bequest and continue representing the client.

  3. Advise the client to remove the bequest from their will.

  4. Inform the court of the bequest.


Correct Option: A
Explanation:

An attorney who learns that their client has made a bequest to them in their will must withdraw from the case immediately. This is because the attorney has a duty to avoid any conflict of interest that may impair their ability to represent the client effectively. Accepting the bequest would create a conflict of interest, as the attorney would be representing the client while also being a beneficiary of the client's estate.

What is the duty of an attorney who is representing a client in a probate matter where the client is under undue influence?

  1. To withdraw from the case immediately.

  2. To continue representing the client without taking any action to protect them from the undue influence.

  3. To take steps to protect the client from the undue influence.

  4. To inform the court of the undue influence.


Correct Option: C
Explanation:

An attorney who is representing a client in a probate matter where the client is under undue influence has a duty to take steps to protect the client from the undue influence. This may include advising the client to seek independent legal advice, filing a motion with the court to have the undue influence declared invalid, or withdrawing from the case if the attorney believes that they cannot effectively represent the client due to the undue influence.

What should an attorney do if they learn that their client has forged a will?

  1. Withdraw from the case immediately.

  2. Inform the court of the client's forgery.

  3. Advise the client to destroy the forged will.

  4. Do nothing, as the client has the right to make their own decisions.


Correct Option: A
Explanation:

An attorney who learns that their client has forged a will must withdraw from the case immediately. This is because the attorney has a duty to uphold the integrity of the legal system and ensure that justice is served. Forging a will is a crime, and the attorney cannot be complicit in it.

What is the duty of an attorney who is representing a client in a probate matter where the client is a minor?

  1. To withdraw from the case immediately.

  2. To continue representing the client without obtaining their consent.

  3. To obtain the consent of the client's parent or guardian.

  4. To inform the court of the client's minority.


Correct Option: C
Explanation:

An attorney who is representing a client in a probate matter where the client is a minor has a duty to obtain the consent of the client's parent or guardian. This is because the attorney cannot represent the client without their consent, and the parent or guardian has the authority to make decisions on behalf of the client.

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