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American College of Trust and Estate Counsel
3415 S. Sepulveda Boulevard
Suite 330
Los Angeles, CA 90034
310-398-1888
310-572-7280 (fax) |
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ACTEC COMMENTARIES ON THE MODEL RULES OF PROFESSIONAL CONDUCT
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| In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation.
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| As advisor the lawyer may appropriately counsel the client with respect to all aspects of the representation, including nonlegal considerations. In doing so the lawyer should recognize his or her own limitations and the risks inherent in attempting to assist a client with respect to matters beyond the lawyer's expertise. Although it may be appropriate for the lawyer to suggest that a client consider either diversifying the client's investments or investing in a particular class of assets (e.g., municipal bonds), the lawyer ordinarily should not recommend specific investments to the client. In contrast, the lawyer may properly suggest that the client consider whether or not a particular course of action might generate adverse legal or nonlegal consequences. For example, the lawyer may properly ask a client to consider the legal and nonlegal consequences that might result if the client were to make unequal gifts to children or other equally related relatives. The lawyer may also appropriately recommend that the client consult with an expert in a particular field, whether it be mental health, investments, insurance, employee benefits, or any other matter that is not within the lawyer's expertise.
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