Mediating Probate Disputes
Probate and Property, September/October 1999, Volume 13, Number 4
by Susan N. Gary
Susan N. Gary is a professor at the University of Oregon School of Law and is Chair of the Probate and Trust Division's State and Local Law Concerns of Exempt Organizations (D-3) Committee.
A lawyer involved in a probate dispute must be able to advise his or her client both about the client's legal rights and remedies and about the client's options for resolving the dispute. If the lawyer advises the client only about the costs and chances for successfully litigating the dispute, the lawyer will not have served the client well. The lawyer should be able to discuss knowledgeably the alternative forms of dispute resolution available to the client and to advise the client on which approach is most appropriate.