A Manhattan surrogate ruled that an attorney can seek a guardian for an allegedly incapacitated client she wants to stop representing. The attorney can also use confidential information acquired in the course of her representation to make the application.
Approximately three months after being retained, Stephanie E. Kupferman of Kupferman & Kupferman became the latest of several attorneys to conclude that she could not ethically defend Diane Wells against a lawsuit.
Noting that Ms. Wells was not only "incapable of managing the instant litigation" but "unable to appreciate the consequences of that incapacity," Manhattan Surrogate Kristin Booth Glen ruled that Ms. Kupferman could withdraw but only if she commenced a guardianship proceeding under Article 81 of the Surrogate's Court Act within 30 days.
Surrogate Glen wrote in Cheney v. Wells, 1573-07: "Here, where it can be reasonably determined that Diane is unable to act in her own interest, and no other practical method is available to protect her interest, these authorities would permit Kupferman to commence an Article 81 proceeding to appoint a limited property guardian to litigate and defend the instant action."
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Approximately three months after being retained, Stephanie E. Kupferman of Kupferman & Kupferman became the latest of several attorneys to conclude that she could not ethically defend Diane Wells against a lawsuit.
Noting that Ms. Wells was not only "incapable of managing the instant litigation" but "unable to appreciate the consequences of that incapacity," Manhattan Surrogate Kristin Booth Glen ruled that Ms. Kupferman could withdraw but only if she commenced a guardianship proceeding under Article 81 of the Surrogate's Court Act within 30 days.
Surrogate Glen wrote in Cheney v. Wells, 1573-07: "Here, where it can be reasonably determined that Diane is unable to act in her own interest, and no other practical method is available to protect her interest, these authorities would permit Kupferman to commence an Article 81 proceeding to appoint a limited property guardian to litigate and defend the instant action."
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The woman may be wacky, but once again it's the magnet of the money!
ReplyDeleteThis is an issue which was first addressed and studied some eight-plus years ago: a lawyer's obligation to an incapacitated client.
Surrogate Glen was a good judge while in Supreme Court, which she left to become Dean of CUNY Law School.
We don't know how the power of the $$$ bench has changed her, after she succeeded Surrogate Preminger.
Is anyone safe from financial predators?
ReplyDeleteThis is absolutely ridiculous -- and should be against legal ethics. Not that lawyers have ethics, or care to obey the ones they have, but still...
ReplyDeleteHow convenient for everybody but the client!
ReplyDeleteThere are two types of people:
ReplyDeletePreadators and their prey
It seems it's just getting easier and easier for attorneys to rob old folks.
ReplyDeleteGuardianships are a tool to pry, steal money from one person for the benfit of another with court approval.
ReplyDeleteI hope Diane Wells prevails. These lawyers know all the "buzz" words to use to get the judge to find reason/cause to go along with the scheme.
This is a scheme, people are watching - how sick is this?
Read the book:
"Marked For Destruction" (by retired police officer John Caravella) a powerful, heartbreaking true story about the underhanded intentions and schemes with court approval.