Case Citation
Legal Case Name

Disciplinary Board of the Supreme Court of North Dakota v. Kuhn Case Brief

North Dakota Supreme Court2010Docket #65457972
785 N.W.2d 195 2010 ND 127 2010 N.D. LEXIS 129 Professional Responsibility Wills, Trusts, & Estates Elder Law

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Case Brief Summary & Legal Analysis

General Brief
3 min read

tl;dr: An attorney was suspended for drafting a new will for a client he knew had been judicially declared incompetent and had a court-appointed guardian, without consulting the guardian. The new will benefited the attorney’s recent clients.

Legal Significance: Establishes that an attorney’s duty under Rule 1.14 to consult with a client’s court-appointed guardian for legal decisions supersedes the attorney’s desire to follow the incapacitated client’s direct wishes, especially when the client has been judicially declared incompetent.

Disciplinary Board of the Supreme Court of North Dakota v. Kuhn Law School Study Guide

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Case Facts & Court Holding

Key Facts & Case Background

Attorney Gerald Kuhn had a long-standing professional relationship with Jake Leno, for whom he drafted a will in 2005. In 2006, a court declared Leno incapacitated due to Parkinson’s disease and dementia, appointing Guardian and Protective Services, Inc. (GAPS) as his full guardian and conservator with authority over all legal matters. Kuhn was aware of this order, as he had represented Leno’s sons at the guardianship hearing. In 2007, Kuhn was contacted to draft a new will for Leno. Knowing Leno was under a full guardianship, Kuhn drafted a new will that changed the disposition of property to favor the sons he had recently represented. Kuhn did not contact or seek authority from GAPS before drafting and executing the will. He claimed he believed GAPS was aware, but the disciplinary panel found this testimony not credible. The new will was later declared invalid by a court because Leno lacked the legal authority to execute it.

Court Holding & Legal Precedent

Issue: Does an attorney violate Rule of Professional Conduct 1.14 by drafting and executing a will for a client whom the attorney knows has been judicially declared incapacitated and is under a full guardianship, without first consulting or obtaining authority from the court-appointed guardian?

Yes. An attorney violates Rule 1.14 by failing to consult with a Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation

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IRAC Legal Analysis

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Legal Issue

Does an attorney violate Rule of Professional Conduct 1.14 by drafting and executing a will for a client whom the attorney knows has been judicially declared incapacitated and is under a full guardianship, without first consulting or obtaining authority from the court-appointed guardian?

Conclusion

This case serves as a critical precedent on an attorney's ethical obligations Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nis

Legal Rule

Under North Dakota Rule of Professional Conduct 1.14 and its accompanying comments, Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ulla

Legal Analysis

The court found clear and convincing evidence that Kuhn violated N.D.R. Prof. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim

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Flash Summary

  • Attorney suspended for 90 days for violating Rule 1.14 (Client With
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat

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