Lawyers should be aware of several significant developments that took place in the area of legal ethics over the past year. Although they apply to all attorneys, this article is written from the perspective of a lawyer representing clients in transactional matters.
• Conflict of interest results in suspension. We know the old saying that bad facts make bad law. Well, bad facts in an ethics matter result in discipline. In In re Michael A. Casale, 213 N.J. 379 (2013), an attorney prepared a new will for an elderly woman that left most of her assets to the attorney’s long-time client and friend and that named the attorney as the executor (resulting in $70,000 in commissions). The attorney represented his client-friend in 30 matters over 15 years and had a close, personal relationship with him. The attorney also represented the woman in the sale of her Spring Lake oceanfront home to his client-friend for inadequate consideration; namely, a purchase price that was $1.3 million less than the value of the home, with $50,000 payable at closing and a $1.25 million mortgage. Further, the new will included a clause forgiving the mortgage upon the woman’s death.
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