Law of Wills, 2016A

meaning of the Canon, when it becomes his duty, on behalf of one client, to
contend for that which his duty to another client would require him to oppose.
It is our view that a lawyer who prepares a will owes no duty to any previous beneficiary, even a
beneficiary he may be representing in another matter, to oppose the testator or testatrix in changing
his or her will and, therefore, that assisting in that change is not a conflict of interest.
AFFIRMED.
1.4 Confidentiality
Lawyers have an obligation to keep information and communication between them and their
clients confidential. Thus, attorneys cannot share client information with other family members
without obtaining approval from the clients. The amount of information a client is willing to permit
his or her attorney to disclose may vary. Some clients may be comfortable having their attorneys
share all of the information and having family members participate in the discussions. On the other
hand, some clients may only want their family members to be given general updates. There are also
clients who may demand complete confidentiality. The attorney needs to establish the limitations of
disclosure during the initial consultation. In all cases, one of the attorney’s main objectives should be
to keep his or her clients fully informed. In some cases, accomplishing that goal may be complicated
by the duty to keep certain information confidential.
Confidentiality issues often occur when an attorney chooses to represent two or more
persons with competing interests. A prime example of this situation is when a husband and wife
retain an attorney to execute a will. Lawyers routinely take these types of cases because many
couples may want reciprocal wills. There are several reasons why this type of dual representation
can lead to problems. First, one party may have a secret that is relevant to the distribution of the
estates. For instance, if a husband is having an affair, the wife may not be willing to make him the
sole beneficiary of her estate. The lawyer usually becomes aware of the other woman when the man
seeks to include her in his testamentary plans by secretly leaving her a portion of his estate. Second,
one or both of the clients may be in a second marriage. This is relevant because there may be
children who are not children of the second marriage. Consequently, one or both of the clients may
try to get the attorney to draft a testamentary document that leaves a portion of the estate to a child
without the stepparent’s knowledge. Finally, for whatever reason, one of the parties may contact the
attorney to have his or her will modified in a way that is detrimental to the other party. Since the
purpose of reciprocal or mutual wills is to make sure that each person inherits the other person’s
estate, the modification may put the attorney in the position of acting in a way that is not in the best
interests of one of his or her clients.
A. v. B., 726 A2d 924 (N.J. 1999)
POLLOCK, J.
This appeal presents the issue whether a law firm may disclose confidential information of one coclient
to another co-client. Specifically, in this paternity action, the mother’s former law firm, which
contemporaneously represented the father and his wife in planning their estates, seeks to disclose to
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