News

Herrick K. Lidstone, Jr. and Shelley C. Thompson Presented at the Colorado Bar Association on Ethics in Business Transactions

 

SPOUSAL REPRESENTATION IN BUSINESS MATTERS WE LEARN FROM ESTATE PLANNING
BY HERRICK K. LIDSTONE, JR. AND SHELLEY C. THOMPSON

Whenever an attorney represents more than a single person, potential or actual conflicts of interest can develop and the attorney must be alert for those conflicts. Issues relating to conflicts of interest are included in Rules 1.7, 1.8, 1.9, and Rule 1.13 of the Colorado Rules of Professional Conduct (Colo. RPC) and are discussed in detail in CBA Ethics Committee Formal Opinion 68.

This can be especially concerning in representing spouses in a business transaction, estate planning, or other non-litigation relationship. (This paper will use the term “spouses” to describe
spouses to a marriage as well as persons involved in civil union or any other loving relationship for ease of reference.)

The first place for lawyers to look is the Colorado Rules of Professional Conduct, as discussed below. In most cases, estate planners represent both spouses in their estate planning activities. Business lawyers (including real estate, mineral extraction, and other transactional lawyers) may find themselves representing spouses as well, and it is important to recognize the unique issues that this relationship of intimate partners raise.

Read More HERE

Published by
Burns Figa & Will

Recent Posts

CORPORATE TRANSPARENCY ACT – WHO IS A BENEFICIAL OWNER?

If you are a business, you should already be aware (from numerous news articles and…

3 months ago

CORPORATE TRANSPARENCY ACT – HIGHLIGHTS FOR SMALL BUSINESSES

If you are a business, you should already be aware (from numerous news articles and…

3 months ago

Herrick Lidstone, Jr. Hosting A Webinar About Drafting Corporate Bylaws on April 24th

Herrick Lidstone, Jr., a shareholder at Burns, Figa & Will, will be presenting a webinar…

8 months ago

Laura Fodor Appointed as Newsletter Liaison for the Colorado Bar Association’s Business Law Section

We are pleased to announce that Laura Fodor has been appointed to serve as the…

1 year ago

Herrick Lidstone received the University of Colorado Law School Alumni Award for Distinguished Achievement – Private Practice

    Herrick Lidstone, a shareholder of Burns, Figa & Will, P.C., was honored to…

3 years ago

Herrick Lidstone, Jr. named Honoree for 41st Annual Colorado Law Alumni Awards Banquet

We are very proud to announce that Herrick Lidstone has been named the honoree for…

3 years ago