I represented my client for many, many years in business and personal matters. He has asked me to draft a will and he wants to name me as the executor. Can I ethically do this?
The best practice is not to name oneself as an executor. There is no direct prohibition under the Rules of Professional Conduct, but one could argue it could create a conflict of interest where perhaps the lawyer is placing their interest above the client’s interest under Rule 1.7 of the Rules of Professional Conduct. But, if the client insists and there is full disclosure, it perhaps can be done. But, the fact it might be allowed does not mean it’s a wise idea to do it.
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