Attorney Sanctioned for Conflict of Interest in Representing Executor in Both Individual and Fiduciary Capacities

Cincinnati Bar Assoc. v. Roberston, Ohio Supreme Court Case No. 2014-068, 2016-Ohio-654. An attorney was retained to represent a fiduciary in her capacity as executor of her father's estate. Three siblings who were beneficiaries of the estate attempted to remove the executor and filed objections to the estate inventory, arguing that the executor and her husband had improperly removed items from the estate. The attorney defended the executor and her husband against the family members' objections and their attempt to remove her. The attorney failed to explain to the executor that the representation of her and her husband in their personal capacities created a conflict of interest with the estate. Specifically, the attorney could not discharge his duty of undivided loyalty to the estate while also providing the same duty to the alleged wrongdoers. Accordingly, the attorney was found to violate Ohio Rule of Professional Conduct 1.7(b), prohibiting a lawyer from accepting or continuing representation of a client if a conflict of interest would be created.