POTENTIAL AND FUTURE CONFLICTS OF INTEREST
Attorney may represent in the future, or may have represented in the past, or may now represent, someone Client knows, such as a friend or family member (“Other Clients”). Attorney will not disclose any of Client’s confidential information or estate planning choices to Other Clients, other than as required by law. Similarly, Attorney will not voluntarily disclose to Client now, or in the future, whether the Other Clients have made any provisions in their plan for Client, including whether Client has been disinherited, removed as a trustee or agent, or otherwise been adversely impacted by Other Client’s estate plan. By signing this agreement Client provides informed written consent to Attorney’s representation of other persons with whom Client may have a conflict of interest now or in the future. Client also agrees that they have received notice of the potential for a conflict and have had an opportunity to seek outside counsel on this issue and fully discuss this issue with that counsel if needed. California Rules of Professional Conduct for Attorneys require Client to consent if another person pays the Client’s attorney fees. By signing this Agreement Client agrees to either pay Client’s own attorney’s fees, or, if Client arranges for someone else to pay, then by doing so Client consents to that person paying Client’s attorneys’ fees.
If the client chooses to bring anyone else to the appointment, they understand that the information client discloses in front of that person is likely not protected by the attorney-client privilege (that means the information may not be confidential forever and that the attorney can be forced to disclose that information in certain circumstances and this may not be as protective of client and the client's wishes as if client attended the meeting alone).
JOINT REPRESENTATION STATEMENT—COUPLES (CONFLICT DISCLOSURE AND WAIVER).
This section on JOINT REPRESENTATION applies if, at any point during our representation, (1) you and your spouse or partner attend a meeting together and/or (2) if you and your spouse or partner both sign the same document prepared by Summerall Law (trust, guardian nomination, etc.):
- Conflicts of interest exist when one law firm represents both individuals in a couple in estate planning matters, although joint representation is very common. Attorney is required by the Rules of Professional Conduct of the California State Bar to inform you of that conflict.
- Clients will be making decisions that affect their property rights. There may be a substantial conflict in the determination of what is community property, quasi-community property, or separate property. The determination may be more beneficial for one of you than the other.
- We are not doing any independent investigation into your community or separate property rights and are not offering any legal conclusions on which person has what rights in property. All statements made are based on the client’s representation to us about the character of property.
- Attorney’s recommendations made during the course of your estate planning could affect the income, property and support provisions in a divorce; those recommendations may also affect the survivor's rights after one of you dies. The fact that you may not agree upon the beneficiaries of your estate must also be considered a conflict.
- If we represent both of you, we must try to balance all factors, and cannot be an advocate for either of you. If the two of you have a difference of opinion concerning your estate plan, we can point out the advantages and disadvantages of each position, but we cannot advocate for one over the other.
- Because we will be representing both of you, we must obtain confidential information from each of you. Between the two of you, we cannot keep this information confidential.
- Matters that one of you might discuss with us will not be protected by the attorney-client privilege from disclosure to the other.
Anything either of you discusses with us is privileged from disclosure to third parties. You are each welcome to have your own counsel for any part or for all of these matters. Either of you may forbid our firm from being involved in any way on behalf of the other. Each Client specifically represents and agrees as follows:
- I have read this Agreement and understand there are conflicts of interest between myself and my partner in the matter of our estate planning.
- I waive any conflict of interest arising from having the same attorney represent us both and agree that Attorney has my consent to represent my partner and me in connection with our estate planning.
- If I wish to have separate counsel or that Attorney not be involved, I shall notify Attorney in writing.
- I understand that, where Attorney is representing both of us on the same matter, as between my partner and I and Attorney, there are no confidential communications.
- I agree if Attorney believes our interest become directly adverse to each other or that the conflict interferes with the Attorney’s ability to perform their duties, Attorney may withdraw from representation.
