Ethical standards are in general rigorously observed by the legal profession when they are known and recognized. In far too many instances, however, attorneys fail to recognize an ethical problem in the midst of the technical legal problems with which they are dealing. Probably in no field of practice are there more everyday problems of ethics than in the field of probate. Since a large percentage of probate matters are thought of as nonadversary proceedings, conflicts of interest many times pass unrecognized. This article is limited to a brief consideration of a few of the ethical problems more frequently encountered in probate matters.

I. Introduction

II. Attorney as Executor or as Attorney for the Executor

III. Attorney as a Witness

IV. Conclusion

Paper delivered at the Institute on Probate Administration presented by the University of Nebraska College of Law and the Junior Bar Section of the Nebraska State Bar Association, September 18 and 19, 1959.