AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question My sister is currently subject to a guardianship action for a number or reasons. Early on in this, 8 months ago, after being hospitalized for alcohol/drug abuse, she engaged an attorney to draw up durable power of attorney, health care and will. She was probably not competent then as well. There is an legal invoice and common knowledge that the attorney contacted the unrelated party of the estate to bring her in too sign the documents as she would not return his calls. This named him beneficiary of a substantial estate. Any ethical issues here ? What questions are attorneys to ask to provide they are competent before signing ?
Answer Jim,
I do not know of any state that allows an attorney who draws up the financial documents to be named as a beneficiary. Obviously, it is fraud to have someone else sign a document as another person. An attorney needs to make a subjective judgment that a person is competent to sign a contract before engaging in representation or having the client sign any paperwork.
