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Attorneys for trustees have no conflict preventing claim against trust

Attorneys for trustees have no conflict preventing claim against trust

Attorneys for trustees have no conflict preventing claim against trust

Attorneys who represented trustees who had been removed for breach of fiduciary duty had no attorney-client relationship with the trust itself and cannot be disqualified from continuing to represent the former trustees in attempting to reduce the judgment against them, the Utah state Supreme Court has held. The successor trustees and several beneficiaries had sought to disqualify them for conflict of interest as they sued the trust to reduce the $1.8 million judgment, most of which was payable to the trust. Utah Rule of Professional Conduct 1.9(a) provides that “a lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a...

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