Estate Planning • Nonwaivable Conflict of Interest • Statute of Limitations • Relation-Back Doctrine
Estate of Anna C. Kasych v. Butz, PICS Case No. 17-0184 (C.P. Lehigh Jan. 24, 2017) Varricchio, J. (16 pages).
A legal malpractice action was dismissed because representation of persons seeking estate planning services to charitably devise their estate and of the recipient charity by the same law firm did not, by itself, constitute a nonwaivable conflict of interest, and because it was barred by the 2-year statute of limitations where the action was brought more than 6 years after the legal representation at issue.