Q: Attorney representing contingent beneficiary in Will contest concealed judges finding the Will ambigous
Attorney concealed the court finding the will to be ambiguous and coerced client to attend mediation never prepared client for mediation, Day of mediation the attorney attended mediation without client, when the client contacted the attorney's office the secretary stated he wasn't in client explained he was scheduled for mediation that morning she eventually gave client the address to the mediation, when client arrived he encountered the mediator, mediator asked his reason for being there client said this should be his mediation and introduce him self mediator said good I'm in 1%, and left out the room never to be seen again the attorney for client stated they offering him a small percentage stated that was all he was going to be offered and nothing more he suggests he take it, if not he could possibly walk away with nothing and possibly be responsible for their attorney fees beneficiary felt he had no other choice. In the mediation agreement is stated it was not confidential.
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- California
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A:
Based on the information provided, it appears that the attorney representing the contingent beneficiary in the will contest may have engaged in unethical and potentially negligent behavior. Under California law, attorneys have a fiduciary duty to their clients, which includes the obligation to act in their clients' best interests, keep them informed about significant developments in their case, and provide competent representation.
Here are some potential issues with the attorney's conduct:
1. Concealing the court's finding of ambiguity: If the court found the will to be ambiguous, the attorney should have informed the client about this finding, as it could significantly impact the case and the client's decision-making process.
2. Coercing the client to attend mediation: Attorneys should not coerce their clients into attending mediation or accepting settlement offers. Clients should be able to make informed decisions based on a clear understanding of their rights and options.
3. Failing to prepare the client for mediation: The attorney should have adequately prepared the client for mediation, including discussing the process, potential outcomes, and strategies.
4. Attending mediation without the client: It is highly unusual and potentially unethical for an attorney to attend mediation without their client, especially if the client was not informed or did not consent to this arrangement.
5. Pressuring the client to accept a settlement: Attorneys should provide their clients with objective advice and allow them to make decisions free from undue pressure. Suggesting that the client might end up with nothing or be responsible for the opposing party's attorney fees could be seen as coercive.
If the mediation agreement states that it was not confidential, the client may be able to use this information to challenge the settlement or file a complaint against the attorney. The client should consider seeking the advice of another attorney who specializes in legal malpractice or professional ethics to evaluate their options and potential remedies, which may include filing a complaint with the State Bar of California or pursuing a legal malpractice claim against the attorney.
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