Client tells Attorney, “You’ve done so much for me that I want to leave you a small token of my gratitude. I’ve offered before to make you a beneficiary of my will and you’ve turned me down, but this time I’m directing you to write a new will for me, the same as the last except I’m giving $10,000 to your daughter for her college expenses. Don’t deny me this small pleasure. You know this gift is only one percent of my entire estate.”
It would be proper for Attorney to:
A. Write the will for Client, provided the $10,000 is only one percent of the entire estate. B. Write the will for client, because the $10,000 will not go to him but rather to his daughter. C. Write the will for Client, provided Client is Attorney s sister. D. Refuse to write the will himself but have his partner write it.
Write the will for client, provided client is attorney s sister.-the correct answer is c.
(a) is incorrect because an attorney must not prepare any instrument for a client when the attorney or a person related to the attorney is given any substantial gift, and $10,000 is objectively substantial, even if not subjectively substantial to the client. an exception exists, as explained in (c), where the client is related to the attorney.
(b) is incorrect because the gift cannot be made to either the attorney or to a person related to the attorney.
(c) is correct because an exception to the general rule exists when the client is related to the attorney.
(d) is incorrect because the applicable rule states that the prohibition applies also to all partners and associates in attorneys firm.