QUESTION:
Your mother’s neighbor retains you to prepare her will. Although your mother assists the neighbor from time to time, they are not particularly close. When you first meet with your new client you are told that she has no family and wants to leave her entire estate to your mother. Since you read last week’s “Refresher”, you know that you cannot prepare the will yourself. To avoid your conflict of interest, you may:
A. Charge the client a legal fee equal to her total estate.
B. Refer the client to your law partner and have her prepare the will.
C. Refer the client to an associate in your law firm and have her prepare the will.
D. None of the above.
ANSWER: D
An attorney may not charge an unreasonable fee. Nebraska Court Rule of Professional Conduct §3-501.5. The prohibition of Nebraska Court Rule of Professional Conduct §3-501.8(c) extends to other lawyers “associated in a firm” pursuant to paragraph (k).
Prepared by the Counsel for Discipline of the Nebraska Supreme Court. If you have a question about your ethical responsibilities, contact the Office of the Counsel for Discipline at 402-471-1040 or 877-504-0967.