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Family

Feb. 22, 2019

Is the conflict between your husband and wife estate planning client nonwaivable?

Husbands and wives rarely retain separate attorneys when creating an estate plan. When the spouses sign a conflict waiver, and if they have an actual conflict, is it waivable?

Randy Spiro

Randy Spiro is an attorney in Los Angeles.

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Husbands and wives rarely retain separate attorneys when creating an estate plan. When the spouses sign a conflict waiver, and if they have an actual conflict, is it waivable?

Kevin Mohr, in "Unwaivable Conflicts of lnterests" (Los Angeles County Bar Association, County Bar Update, August 2012 Vol. 32, No.7), points out five unwaivable conflicts, number four of which is: "the lawyer is precluded by duties to one client from making su...

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