Jane is an energetic, vivacious, attractive and highly competent paralegal employed by Attorney Carter in the area of wills, estates and trusts. Mr. Appleton, a wealthy widower
Jane is an energetic, vivacious, attractive and highly competent paralegal employed by Attorney Carter in the area of wills, estates and trusts. Mr. Appleton, a wealthy widower, is a client of the firm and Jane works on his estate planning files with him and Attorney Carter. Until Jane came to work at the law office, Mr. Appleton was sour-faced and depressed. Everyone has noticed his turn-around in attitude and the fact that he is “sweet” on Jane in a fatherly fashion. One day, Mr. Appleton comes into the office to sign an updated will and announces to Attorney Carter that he wants a provision added to the will in which he desires to leave the sum of $150,000 to his friend, Jane, who brought joy back into his life. Discuss the ethical issues involved in this gift. Can Jane accept it? Can Carter prepare the document? How would you go about effectuating the intent of the client without violating ethics rules?
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