A paralegal worked for an estate planning client. In a meeting with the client, the client showed the paralegal many photographs of the client’s valuable assets, including several expensive paintings. The paralegal stated that the paintings were quite good and that he would like to own good paintings someday. The client then said, “Consider this one yours. Put a bequest in my will that gives the painting to you.” Can the will include a provision that leaves the painting to the paralegal?
Explanation
Answer: C - No, because the paralegal’s statement will be seen as soliciting a gift. “A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer . . . any substantial gift unless the lawyer . . . is related to the client.” Model Rule 1.8(c). “[D]ue to concerns about overreaching and imposition on clients, a lawyer may not suggest that a substantial gift be made to the lawyer or for the lawyer’s benefit, except where the lawyer is related to the client.” Model Rule 1.8(c), comment 6. Answer C is the best choice because the comment can be construed as a solicitation. Answer A is not the best choice because Model Rule 1.8(c) will apply regardless of the client’s right to distribute her assets as she wishes. Answer B is not the best choice because it is the opposite of what is permitted under Model Rule 1.8(c). Answer D is not the best choice because the paralegal’s employer cannot authorize the gift.
