Trusts and Estates
Ca. Trs. & Estates Quarterly 2017, Volume 23, Issue 4
Content
- Accessing the Black Box - What Every Estate Attorney Needs To Know About Attorney-client Privilege
- Land of Confusion: Attorney-client Privilege and Duty of Confidentiality In Guardianships and Conservatorships
- Tips of the Trade: Proposed Ethics Rules
- "Fly On the Wall" - Discovery of Attorney Fee Statements
- MCLE Article: Don't Answer That! Spouses, Families, and Privilege
MCLE ARTICLE: DON’T ANSWER THAT! SPOUSES, FAMILIES, AND PRIVILEGE
By Patrick A. Kohlmann, Esq.* and Jennifer F. Scharre, Esq.*
INTRODUCTION
One of Mark Twain’s most well-known quotes is the "only constant is change." This applies now more than ever. Society is changing rapidly. Have you ever heard the saying, "the new normal?" Nevertheless, as a profession which must follow the dictates of statutory and common law principles, attorneys must apply long-standing rules to "modern" society.
Lawyers may be faced with representing spouses who have no desire or interest in leaving their assets to each other. Is this ethically permissible? In practice, is it possible to represent them both?