In a matter involving the internal affairs of a trust may trust counsel simultaneously represent not only the trustee but also any otherwise unrepresented beneficiaries?

Charles E. Rounds, Jr. - Suffolk University Law School
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Legal ethicists use the Warren Trust controversy as a case study when debating such issues as whom trust counsel represents, whether trust counsel ethically can be a lawyer for a “family” or a “situation,” and what constitutes adequate informed consent to a trust counsel’s representation of persons whose interests are in conflict. The Warren Trust controversy is the subject of §8.38 of Loring and Rounds: A Trustee’s Handbook (2022), which section is reproduced in the appendix below. The Handbook is available for purchase at https://law-store.wolterskluwer.com/s/product/loring-rounds-a-trustees-handbook-2022e-misb/01t4R00000OVWE4QAP.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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