Have Questions? Contact Us.
Since its inception, NYCLA has been at the forefront of most legal debates in the country. We have provided legal education for more than 40 years.
What is the extent of the duty, if any, of an attorney who has drawn a testamentary document for a client, to communicate voluntarily with that client when the attorney has knowledge of a change in the law or changes in the client’s financial status, such as an increase in his fortune, his retirement from business, the marriage of a beneficiary, etc.?
We believe that within the limitations of Canon 27 of the Canons of Professional Ethics, which provides among other things:
“It is unprofessional to solicit professional employment by circulars, advertisements, through touters, or by personal communication or interviews not warranted by personal relations.”
A lawyer may with propriety take the initiative in communicating with a client for whom he has drawn a testamentary document concerning changes in the law or in the client’s affairs which may have consequences of which the client should be advised. Whether or not the lawyer is under a duty to do so involves a question of law, and is, therefore, beyond the province of the Committee to answer.