Brief Fact Summary. Defendant and a certified financial planner entered into a scheme by which the financial planner held seminars advising people on the need for a living trust and then later referred them on to the Defendant attorney to complete the documents.
Synopsis of Rule of Law. An individual who exercises professional judgment in advising others as to the need for a living trust is committing the unauthorized practice of law and a lawyer who takes referrals from such individual is aiding him in such acts.
This intention is to be determined from viewing the four corners of the instrument, considering the language used, and giving meaning to all of its provisions, whenever possible.View Full Point of Law
Issue. Whether Wells’ son intended that the phrase “sums necessary for the support and maintenance” of Nora Wells means that his estate was to be appropriated to maintain Wells when she had sufficient means or whether he intended to have his estate held available for her support in the event those means were exhausted?
Held. Reverse. The clause in Wells’ son’s will creates
Discussion. The Court found that Baker’s actions did not discourage Voegtlin but rather encouraged him by exercising professional judgment, acting in a confidential capacity with the referred clients, furnishing him with forms to use at the seminars, and accepting the referrals.