This Article examines an estate planning attorney's ethical responsibilities when representing one type of non-traditional family: a non-traditional couple. Currently, there are four recognized ethical theories regarding the legal representation of individuals: individual representation; joint representation; intermediary representation; and family representation. This Article explores each of these ethical theories in connection with the representation of traditional couples. These ethical theories are then applied to the representation of nontraditional couples. Although any one of these ethical models may be utilized, this Article concludes that a modified version of family representation provides the estate planning attorney with the most appropriate ethical standard for her representation of non-traditional couples.
Jennifer Tulin McGrath, The Ethical Responsibilities of Estate Planning Attorneys in the Representation of Non-Traditional Couples, 27 SEATTLE U. L. REV. 75 (2003).