1599
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| A lawyer representing an executor and one of two beneficiaries: does not have a conflict unless the lawyer also represents the other beneficiary; must advise the client that communications with the client as beneficiary may not be entitled to attorney-client privilege protection, because communications with the client as fiduciary may similarly not be protected from disclosure to the beneficiaries; has "no attorney-client relationship with the beneficiaries of the estate other than the executor;" has no "derivative duty" to the other beneficiary by virtue of the client's fiduciary duty (as executor) to the other beneficiary, although the lawyer must "be alert to indications that [the other beneficiary] does not understand the attorney's role;" may not advise or represent the executor in actions that breach the executor's fiduciary duty; does "not take on the executor's duties to the beneficiaries simply by performing the executor's administrative tasks;" may not charge for any services rendered to the client in the client's capacity as a beneficiary. |