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Disclosure problems
Much information is privileged. Do not divulge it. Guardian has
right to claim attorney client privlege on behalf of ward.
No privilege for furthurance of crime or fraud (if guardian is
stealing money)
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Don't talk down to people--leads
to anger and frustration
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The more difficult someone is,
the more information they should receive as long as you are not
violating confidentiality rules.
-
Be careful with joint
clients-treat them equally.
If they begin to disagree, best approach is to withdraw
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Assets-no reason for guardian of
the estate to have possession of the ward's will. Baumann v.
Willis 721 SW 2d 535 (1986).
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File maintenance-keep all
documents
organize them.
never destroy them--limitations begins to run on competency date
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If litigation is likely, be
careful with the information in your bills. Don't reveal
confidential info. Make sure bill coordinates with other file
info.
Use care on bills when describing confidential matters
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Consider Potential conflicts of
Interest-if you have a personal interest, get a written waiver
from all parties but ward cannot waive.
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Consider relationships with
other family members
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Be careful about who gives you
instructions
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Remember who your client is.
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Think like a trial lawyer
