Secured with SHA-256 Encryption
Compare Quotes From Top Companies and Save
A lawyer, acting as a notary, notarized mom’s Will. Mom was diagnosed with bipolar disorder and dementia at the time. The Will left all to husband and disinherited the children from previous marriage. Now the will is challenged and the same lawyer is defending the husband. Would the lawyer not have a conflict of interest? He will be called as a witness by the side opposing the Will.
Asked on September 8, 2018 under Estate Planning, Texas
Answered 6 years ago | Contributor
He does apparently have a conflict: if he is being called as a fact witness to testify about the siging or notarization, then his own interests could easily conflict with his duties as an attorney, since if something was done wrong in the signing or execution, he would likely have to lie to protect himself--or he tells the truth as a witness to avoid perjury, but doing so may hurt his client's case. He cannot necessarily simultanously be a truthful fact witness and also a strong advocate for his client.However, other people cannot raise a conflict--only the client can. If the client (the husband) is willing to have his lawyer also be called as a witness against him, he can do so. It is the husband who could raise the issue of conflict if he wanted a different attorney. Other people cannot raise the conflict for him or use it to disqualify his lawyer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Secured with SHA-256 Encryption