[WSBAPT] Duty Upon Learning of Client Breach of Fiduciary Duty to Estate

Inge Fordham inge at fordhamlegal.com
Thu Nov 7 16:46:47 PST 2024


Colleagues,

I am trying to determine my ethical obligations upon learning that a client (an administrator of an estate) breached her fiduciary duty to the estate by using estate funds for her personal gain.  The disclosure was made after I followed up on multiple requests for her to replenish the advanced fee deposit I require all clients to maintain.  She dropped off two post-dated checks to my office (dated 11/15/24 and 12/13/24) and sent an email saying she “used some of the funds in the estate account” and is “in the process of reimbursing the account,” but it will take her until March to replenish the account.

I’m floored.  I obviously cannot continue representing her.  Am I allowed/required to disclose this abuse to the court?  To the heirs?

Has anyone run into this unfortunate situation?

Thanks in advance.


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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