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Law Firm May Continue to Represent Two Co-Trustees Against Former Client with Disability Who Was Third Co-Trustee
A California appeals court rules that a law firm that represented three siblings in the administration of their father’s trust is not disqualified from continuing to represent two of the siblings against the third, who suffers from a disability and for whom the firm created a special needs trust. Gregory Mar v. Antoinette Malette, et. al. (Cal. Ct. App., 1st, Div. 2, No. A158766, Nov. 23, 2020) unpublished
Gregory Mar and his two sisters, Veronica Mar Ligne and Antoinette Mallette, were co-trustees and the sole beneficiary of their father’s trust. The trust’s main asset was a single-family residence. Mr. Mar, a disabled individual who was unable to work, lived in the house with his parents and continued to do so after they died. The trust gave him a rent-free, lifetime right of occupancy and provided that, after his death, the home would pass to his sisters. Expenses associated with the property were to be shared equally among the siblings and unanimous consent was required to rent or sell the house.
Upon the father’s death in 2016, the siblings retained the law firm of Hedani, Choy, Spalding & Salvagione to represent them jointly as co-trustees in connection with the administration of the trust. The firm’s engagement letter was silent on the subject of an actual or potential conflict of interest among the siblings. Given that the trust’s liquid assets were insufficient to support Mr. Mar’s occupancy of the residence and none of the siblings had the financial ability to pay for the expenses and debt associated with the house, the firm suggested that the house be sold and that Mr. Mar’s share be placed in a special needs trust to be managed by his sisters. .
Mr. Mar then informed the firm that he was dissatisfied with his sisters’ actions as trustees in managing the trust. In January 2017, the firm advised Mr. Mar to seek independent counsel. In January 2018, Mr. Mar terminated his relationship with the firm. In May 2018 the firm confirmed that it no longer represented Mr. Mar, and in July 2018 the sisters transferred title of the home to themselves as individuals and as trustees of Mr. Mar’s special needs trust. In March 2019, Mr. Mar filed a petition to disqualify the firm.
The trial court denied Mr. Mar’s petition, finding that he had waived his objections to the adverse representation because he had unreasonably delayed in seeking the disqualification. Mr. Mar appealed the decision.
The California Court of Appeals affirms the lower court’s decision because Mr. Mar unreasonably delayed in seeking the disqualification and, in doing so, prejudiced his sisters in the litigation. The court also notes that the trust’s liquid assets were being consumed monthly as Mr. Mar continued to live in the house rent free, and that Mr. Mar’s sisters would be prejudiced if the firm were disqualified because they did not have the financial ability to retain new counsel.
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Law Firm May Continue to Represent Two Co-Trustees Against Former Client with Disability Who Was Third Co-Trustee
A California appeals court rules that a law firm that represented three siblings in the administration of their father’s trust is not disqualified from continuing to represent two of the siblings against the third, who suffers from a disability and for whom the firm created a special needs trust. Gregory Mar v. Antoinette Malette, et. al. (Cal. Ct. App., 1st, Div. 2, No. A158766, Nov. 23, 2020) unpublished
Gregory Mar and his two sisters, Veronica Mar Ligne and Antoinette Mallette, were co-trustees and the sole beneficiary of their father’s trust. The trust’s main asset was a single-family residence. Mr. Mar, a disabled individual who was unable to work, lived in the house with his parents and continued to do so after they died. The trust gave him a rent-free, lifetime right of occupancy and provided that, after his death, the home would pass to his sisters. Expenses associated with the property were to be shared equally among the siblings and unanimous consent was required to rent or sell the house.
Upon the father’s death in 2016, the siblings retained the law firm of Hedani, Choy, Spalding & Salvagione to represent them jointly as co-trustees in connection with the administration of the trust. The firm’s engagement letter was silent on the subject of an actual or potential conflict of interest among the siblings. Given that the trust’s liquid assets were insufficient to support Mr. Mar’s occupancy of the residence and none of the siblings had the financial ability to pay for the expenses and debt associated with the house, the firm suggested that the house be sold and that Mr. Mar’s share be placed in a special needs trust to be managed by his sisters. .
Mr. Mar then informed the firm that he was dissatisfied with his sisters’ actions as trustees in managing the trust. In January 2017, the firm advised Mr. Mar to seek independent counsel. In January 2018, Mr. Mar terminated his relationship with the firm. In May 2018 the firm confirmed that it no longer represented Mr. Mar, and in July 2018 the sisters transferred title of the home to themselves as individuals and as trustees of Mr. Mar’s special needs trust. In March 2019, Mr. Mar filed a petition to disqualify the firm.
The trial court denied Mr. Mar’s petition, finding that he had waived his objections to the adverse representation because he had unreasonably delayed in seeking the disqualification. Mr. Mar appealed the decision.
The California Court of Appeals affirms the lower court’s decision because Mr. Mar unreasonably delayed in seeking the disqualification and, in doing so, prejudiced his sisters in the litigation. The court also notes that the trust’s liquid assets were being consumed monthly as Mr. Mar continued to live in the house rent free, and that Mr. Mar’s sisters would be prejudiced if the firm were disqualified because they did not have the financial ability to retain new counsel.
Law Firm May Continue to Represent Two Co-Trustees Against Former Client with Disability Who Was Third Co-Trustee
<p>A California appeals court rules that a law firm that represented three siblings in the administration of their father’s trust is not disqualified from continuing to represent two of the siblings against the third, who suffers from a disability and for whom the firm created a special needs trust. <a href="https://www.courts.ca.gov/opinions/nonpub/A158766.PDF" target="_blank"><em>Gregory Mar v. Antoinette Malette, et. al</em>.</a> (Cal. Ct. App., 1st, Div. 2, No. A158766, Nov. 23, 2020) unpublished</p>
<p>Gregory Mar and his two sisters, Veronica Mar Ligne and Antoinette Mallette, were co-trustees and the sole beneficiary of their father’s trust. The trust’s main asset was a single-family residence. Mr. Mar, a disabled individual who was unable to work, lived in the house with his parents and continued to do so after they died. The trust gave him a rent-free, lifetime right of occupancy and provided that, after his death, the home would pass to his sisters. Expenses associated with the property were to be shared equally among the siblings and unanimous consent was required to rent or sell the house.</p>
<p>Upon the father’s death in 2016, the siblings retained the law firm of Hedani, Choy, Spalding & Salvagione to represent them jointly as co-trustees in connection with the administration of the trust. The firm’s engagement letter was silent on the subject of an actual or potential conflict of interest among the siblings. Given that the trust’s liquid assets were insufficient to support Mr. Mar’s occupancy of the residence and none of the siblings had the financial ability to pay for the expenses and debt associated with the house, the firm suggested that the house be sold and that Mr. Mar’s share be placed in a special needs trust to be managed by his sisters. .</p>
<p>Mr. Mar then informed the firm that he was dissatisfied with his sisters’ actions as trustees in managing the trust. In January 2017, the firm advised Mr. Mar to seek independent counsel. In January 2018, Mr. Mar terminated his relationship with the firm. In May 2018 the firm confirmed that it no longer represented Mr. Mar, and in July 2018 the sisters transferred title of the home to themselves as individuals and as trustees of Mr. Mar’s special needs trust. In March 2019, Mr. Mar filed a petition to disqualify the firm.</p>
<p>The trial court denied Mr. Mar’s petition, finding that he had waived his objections to the adverse representation because he had unreasonably delayed in seeking the disqualification. Mr. Mar appealed the decision.</p>
<p>The California Court of Appeals affirms the lower court’s decision because Mr. Mar unreasonably delayed in seeking the disqualification and, in doing so, prejudiced his sisters in the litigation. The court also notes that the trust’s liquid assets were being consumed monthly as Mr. Mar continued to live in the house rent free, and that Mr. Mar’s sisters would be prejudiced if the firm were disqualified because they did not have the financial ability to retain new counsel.</p>
<p>To read the full text of the court's decision, go to: <a href="https://www.courts.ca.gov/opinions/nonpub/A158766.PDF" target="_blank">https://www.courts.ca.gov/opinions/nonpub/A158766.PDF</a></p>
<p> </p>
<p> </p>
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