Attorney's Apparent Rules Violation Does Not Create Private Right of Action

The Nevada Supreme Court holds that the fact that an attorney violated professional rules of conduct when drafting a living trust is not grounds to set aside the trust. In Re Tiffany Living Trust (Nev., No. 45248, March 6, 2008).

Jane Tiffany hired attorney Kenneth A. Woloson to draft a living trust for her. In the trust document, she left her house to Philip Dabney, her friend and a partner with Mr. Woloson in his law firm.

After Ms. Tiffany died, her nephew claimed that Mr. Dabney exerted undue influence and moved to set aside the trust because Mr. Woloson violated rules of professional conduct by executing a living trust that named his law partner as a beneficiary. The court found that Mr. Dabney did not exert undue influence and refused to set aside the living trust. The nephew appealed.

The Supreme Court of Nevada affirms, holding that there is no evidence of undue influence and that the living trust should not be set aside. The court finds that even though Mr. Woloson apparently violated rules of professional conduct in drafting the living trust, a "violation of the [rules] does not create a private right of action."

For the full text of this decision, go to: https://www.nvsupremecourt.us/documents/advOpinions/124NevAdvOpNo8.html.

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