If an attorney sends questions to be answered by a client in order to draft a living trust, P.O.A., etc., is it proper procedure for one of her sons, a paralegal who suggested the attorney and work in the same firm, to read the questions to the client and write down the answers for the client? The son in question states no lawyer/client privileges have been broken. Is this last statement true?
When a suggestion to have the client review the questions and their answers, one is told by the paralegal that the client is only allowed to view the document and that for others to view the document is a breach of lawyer/client privilege. This is understandable. What is not understandable is how one who seeks to gain MAY be able to manipulate the procedure without the same standard of ethics applied to them. Any input on this?
A couple more questions: Assuming the attorney is not aware of how the questions were handled, would an attorney prefer to be notified of such procedure? Also, would not the client have been given a copy of the questions and answers?
One last question:
These questions do not imply any wrong doing of the attorney. Nor is there any proof of wrong doing. Without turning this into a sibling dispute, if the client, for whatever reason, required assistance in understanding and providing the answers for the document, would not the right thing, or ethical thing to do, would have been to direct the mother, the client,to the attorney to answer any/all questions instead of filling out the questionaire themself?
Thank you for any assistance on this matter.
When a suggestion to have the client review the questions and their answers, one is told by the paralegal that the client is only allowed to view the document and that for others to view the document is a breach of lawyer/client privilege. This is understandable. What is not understandable is how one who seeks to gain MAY be able to manipulate the procedure without the same standard of ethics applied to them. Any input on this?
A couple more questions: Assuming the attorney is not aware of how the questions were handled, would an attorney prefer to be notified of such procedure? Also, would not the client have been given a copy of the questions and answers?
One last question:
These questions do not imply any wrong doing of the attorney. Nor is there any proof of wrong doing. Without turning this into a sibling dispute, if the client, for whatever reason, required assistance in understanding and providing the answers for the document, would not the right thing, or ethical thing to do, would have been to direct the mother, the client,to the attorney to answer any/all questions instead of filling out the questionaire themself?
Thank you for any assistance on this matter.
