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Practical Ethical Issues For Estate Planning Lawyers Jeffrey N. Pennell Emory University School of Law Atlanta
May 5, 2005 TABLE OF CONTENTS
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| Conflicts of Interest | 3 | |
| Representing Spouses | 6 | |
| Dynastic Family Planning | 12 | |
| Which Rule Applies? | 15 | |
| Other Common Conflicts | 16 | |
| Obligations Imposed | 18 | |
| Who is the Client? | 19 | |
| Independent Judgment | 22 | |
| Ancillary Activities | 24 | |
| Uncertain Scope | 27 | |
| Preservation of Client Confidences | 29 | |
| Confidences in Representing Spouses | 30 | |
| Other Situations | 36 | |
| Adequate Representation | 40 | |
| Fees | 42 | |
| Fiduciary Administration Concerns | 44 | |
| Confusion in Existing Authority | 46 | |
| Your Duty to the "System" | 50 | |
| Your Dilemma | 57 | |
| The Malpractice Aspects of All This | 57 | |
| Selected Provisions from Restatement Agency | 62 | |