Munster, IN asked in Estate Planning, Civil Litigation and Probate for Indiana

Q: Is it unethical for an attorney to not disclose they represented your brother when both you and him need an estate attor

My mom passed away. Both my brother and I hired an attorney to handle her estate. My brother was represented by this firm in a criminal case. I did not know this before we hired this firm to handle my mom’s estate. Is this unethical and should I file a complaint with the Indiana Bar Association?

1 Lawyer Answer

A: No, it probably is not unethical. The previous criminal case is most likely not "substantially related" to the estate case. Both you and your brother's interests ought to be aligned in probating your mom's estate.

Now if your brother's criminal case was for killing your mom, it might be a very different story.

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