Ethics Counsel on www.OKbar.org

OBA Ethics Counsel

Ethics Opinion No. 209

Adopted September 15, 1961

INQUIRY

A member of the Bar inquires concerning the propriety of advising clients for whom he had previously prepared Wills "to come in and bring their Wills up to date by making Codicils or new Wills."

OPINION

It is not improper for an attorney who has prepared a will for a client and who has no reason to believe that the client does not still consider him "his lawyer" to call to the client's attention changes in the law or facts which may require a change in or a review of the Will prepared by the attorney. Neither would it be improper to suggest a review of the Will where lapse of time is such that changed circumstances are probable. The attorney should, however, not suggest a conference or that the client "come in." He should leave that to the client. The advice to the client should be so conveyed that it is apparent that the attorney is rendering a service and not soliciting business and that the client is perfectly free to consult another attorney should he so desire.

See Advisory Opinion No. 174 Oklahoma Decisions 341_343 et seq. and Opinions Nos. 231, 554, and 850 Association of the Bar of the City of New York.