14-5652. Attorneys; fiduciary duties
A. Absent an express agreement to the contrary, the performance by an attorney of
legal services for a fiduciary, settlor or testator does not by itself establish a duty
in contract or tort or otherwise to any third party. For the purposes of this subsection,
third party does not apply to the personal representative, settlor or testator.
B. An attorney who acts as a personal representative or trustee shall disclose to
all adult persons who have an interest in the estate or trust the names of any person who
has an interest in that estate or trust to whom the attorney is currently rendering or
has in the past rendered legal services. The attorney must make this disclosure in
writing within a reasonable time after learning that a client or former client has an
interest in the estate or trust. The representation of an interested person by that
attorney is not grounds for removing the attorney as the personal representative or
trustee unless the attorney is unable to perform the fiduciary duties as personal
representative or trustee without violating the attorney's ethical responsibilities to
the client or former client.
|