Ethical and Liability Considerations for Lawyers Acting as Fiduciaries in Estate, Trust and Probate Contexts

Ethics

This article considers the implications of the existence of lawyers’ fiduciary obligations arising outside of the attorney client role. First, the article will consider the application of the Texas Disciplinary Rules of Professional Conduct, the rules of ethics, to situations in which an attorney has fiduciary duties that arise outside of the attorney client relationship. The article will then consider the statutory and common law basis for liability of lawyers acting in non-lawyer fiduciary roles. Finally, the article will consider insurance coverage issues that may arise for lawyers acting in non-lawyer fiduciary roles.

Ethical and Liability Considerations for Lawyers Acting as Fiduciaries in Estate (PDF, 136KB download).

By Jett Hanna