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Ethics Opinions
OF THE MISSISSIPPI BAR
Editor's Note: See M.R.P.C. 1.1, 1.2, 1.3, 1.4, 7.1, 7.2, 7.3, 8.4.
PRACTICE OF LAW - SOLICITATION- Attorney who drafted will may inform testator of changes in estate tax or other testamentary laws and regulations when such changes may defeat testator's original intentions; however, notice should not direct that will be reviewed by any particular attorney.
The Ethics Committee of the Mississippi State Bar has been requested to render an opinion of the ethical propriety of an attorney who has written a will, to inform the testator of any changes in estate tax or testamentary laws and regulations, where such changes may alter the legality or taxable nature of the estate and in effect defeat the testator's original intentions when the will was drafted..
A will is drafted for the purpose of carrying out intentions of testator in light of existing testamentary laws, and in many cases, estate tax laws. If these laws and/or regulations are changed, the result may be that testator's intentions may be defeated.
Canon 6 of Canons of Professional Ethics provides that a lawyer should represent a client completely. Under paragraph EC 6-1, a lawyer should keep abreast of current legal literature and developments. The drafting of a will is a single act of representation and this opinion places no obligation on an attorney to examine copies of existing wills which may remain in his office, and notify testator of any change in laws or regulations. However, the committee is of the opinion that an attorney can with propriety choose to notify testator of any changes in testamentary and estate tax laws and regulations. The notification should only state that the laws and/or regulations involved have been changed, stating the changes if desired, and recommending that the existing will be reviewed by an attorney. The notification should not direct testator to any particular attorney. This letter should be written with care so as to protect attorney from charges of solicitation and to maintain the dignity of the profession.