Estate Planning

Case Rules


People v. Berge

Page 40, Bottom

If a client voluntarily offers to make a gift to his lawyer, the lawyer may accept the gift, but before doing so, he should urge that his client secure disinterested advice from an independent, competent person who is cognizant of all the circumstances. Other than in exceptional circumstances, a lawyer should insist that an instrument in which his client desires to name him beneficially be prepared by another lawyer selected by the client.

Evaluation:

Although this rule was not written at the time of these events, it merely codified already-accepted ethical practices.