In that context, we believe counsel should take care to advise the client as to alternatives and as to the attorney's compensation in both capacities. In some jurisdictions, but not New Jersey, this approach has been codified by requiring the attorney not only to make extensive disclosure, but also to enter into a written understanding with the client. The foregoing comments have been derived partly from the 1993 Draft Statement of the American Bar Association Task Force on Attorneys Acting in Other Fiduciary Roles. Finally, throughout the New Jersey Rules of Professional Conduct, openness and full disclosure, as between attorney and client, are repeatedly advanced as essential parts of the relationship. The Committee should not be understood by the foregoing to inferentially criticize attorneys who accept fiduciary appointments from their clients.
Qualified lawyers are well able to act as executors or trustees.
Often, by reason of long knowledge of the client and family circumstances, counsel may be the very best choice. As in all other attorney-client dealings, however, counsel must be careful to avoid any improper or intrusive appearance. A record which amply demonstrates the lawyer's sensitive attention to these details should go far in deflecting unwanted difficulties.