Griff has made arrangements for Griff's elderly father Griff to leave his whole estate to Carly. Which ONE statement correctly describes whether this creates an issue of professional conduct for the lawyer?

• A. There is a risk of conflict of interest between Griff and Carly and the lawyer should therefore decline to act in the matter
• B. There is no issue; the lawyer can act
• C. The lawyer should require Carly's consent to act
• D. The lawyer should act only if Griff waives representation

Answer: (A)

The situation tests conflicts of interest in private client practice, especially in will drafting. If Griff’s father is being advised or could be persuaded to leave his whole estate to Carly, the lawyer faces a real risk that loyalty to the donor and interest of the beneficiary are not independent. The lawyer would be representing a client whose motive and potential wishes could be shaped by Griff, and Carly stands to gain from the arrangement. That creates a conflict between the supposed client’s true wishes and the beneficiary’s interests, making independent, unbiased advice difficult. To protect the donor’s autonomy and the integrity of the advice, the lawyer should decline to act in this matter.

The other options would not adequately address this risk: simply saying there’s no issue ignores the potential for undue influence; requiring Carly’s consent or Griff’s waiver doesn’t cure the fundamental conflict of interest or the need for independent representation.