Estate of Buoni
This appeal presents the issue of whether an attorney can simultaneously represent a client in his capacity as the personal representative of an estate and the same client in his capacity as a creditor of that estate. Appellant, contends that such representation violates the attorney’s ethical duty of loyalty. According to appellant, that one person needs separate representation for each capacity.
As discussed in case, a violation of the duty of loyalty does not exist in this situation. The attorney represents only one client. Further, the procedure under Probate Code section 9252 requiring court approval of a personal representative’s creditor’s claim protects both the estate and the beneficiaries from any potential conflict of interest between the client as a personal representative and the client as a creditor. Accordingly, the trial court properly denied appellant’s motion to disqualify counsel. The order is affirmed.
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