Fiduciary malpractice in the coordinated drafting of trust instruments for married couples: When equity’s restitution for unjust enrichment may be the only remedy

The lawyer-agent owes an equity-based fiduciary duty of undivided loyalty to the client-principal. Incidents of that overarching duty are the sub-duties of confidentiality and full disclosure. Assume a lawyer proposes to perform coordinated estate planning services for a husband and wife, each with children from prior relationships only. Here is one situation where it would have been better had each been represented in the process by separate counsel. The lawyer, in consultation with the couple,... By: Charles E. Rounds, Jr. - Suffolk University