An estate planning attorney met with an elderly widow who wanted to create an estate plan for her modest estate comprised of a suburban home, a sizeable savings account, and an annuity. The 78-year-old woman was lucid and quite intelligent, but did not have much experience with financial matters. After a lengthy discussion, the attorney and the woman agreed upon an estate plan and set an appointment one week later for execution of the will and other documents. When the date for the execution arrived, the woman brought her three adult children to the meeting. Two of her children were married, and their spouses also attended. During the meeting, the group was quite talkative and the entire group discussed the will. After a while, however, the attorney noticed that the woman had stopped speaking, except to say occasionally that she wanted to satisfy everyone. The attorney then asked if he could speak with the woman alone, and the others left the room. The attorney explained to the woman that how the will was structured was entirely her decision. The attorney and the woman then spent thirty minutes discussing several questions raised by the woman, and the woman seemed satisfied with every explanation of the attorney. The attorney and the woman then agreed that the will, as drafted, reflected her wishes for the distribution of her estate. The children and spouses then returned to the room, and the will was signed. Sometime later, one of the children filed a bar complaint, claiming that his mother did not understand the will. Will the attorney be subject to discipline by the bar?

Question

Quizplus · Accepted Answer

No, because the attorney met with the woman twice, and took reasonable steps to insure that the woman could ask questions and understood the will. "A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation." Model Rule 1.4(b). "The guiding principle is that the lawyer should fulfill reasonable client expectations for information consistent with the duty to act in the client's best interests, and the client's overall requirements . . . ." Model Rule 1.4 comment 5. Answer C is the best choice because the woman was lucid and intelligent, the attorney acted in the client's interest when he asked to speak with the woman alone, and the woman asked several questions just before the will was signed. Answer A is not the best choice because the estate was simple and the woman's lack of financial experience (without more) does not mean additional explanation was needed. Answer B is not the best choice because it appears that the woman may have been overwhelmed at the meeting and asking to meet with the woman alone protected the client's interests. Answer D is not the best choice because the obligation to explain matters does not depend on diminished capacity.

An Estate Planning Attorney Met with an Elderly Widow Who