2.1 Introduction

• Library: Estate Planning in Virginia (Virginia CLE) (2018 Ed.)

2.1 INTRODUCTION

Ethical issues are an ever-present concern for the estate planning lawyer. The analysis begins with the five Cs—competence (for both lawyer and client), communication, compensation, confidentiality, and conflicts, and it expands from there. Estate planning often involves a number of individuals, and the results of the planning process may directly affect these individuals in ways that may not be obvious. It may be difficult to regard family members as potential adversaries of the client when the family is engaged in what appears to be a cooperative undertaking.

In addition, most Rules of Professional Conduct rely on a contractual model of the lawyer-client relationship that presumes that each party is capable of receiving and evaluating information. When the client has limited ability to receive and evaluate information, ethical concerns may pose particularly difficult problems for the lawyer.

The estate planning lawyer often deals directly with a client's wealth. In addition to the usual ethical concerns about fees, the lawyer may become a...