February 06, 2015 Articles

Conflicts of Interest in Trust and Estate Litigation

An attorney's failure to understand conflicts of interest can result in discipline, disqualification, loss of fees, or a malpractice action.

By Daniel S. Ebner

Estate litigation presents complex conflicts issues because the parties’ relationships’ can be simultaneously aligned and adverse, individuals can wear multiple hats, and parties often try to reduce transaction costs through joint representation. An attorney’s failure to understand conflicts of interest can result in discipline, disqualification, loss of fees, or a malpractice action.

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