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Drafting Yourself a Gift

Another situation that the Model Rules address is when a lawyer designates himself as a beneficiary in a will or other instrument he is drafting. The rules hold that a lawyer must not prepare an instrument that gives him or someone related to him a gift from the client, unless the lawyer is related to the donor. See Model Rule 1.8. The concern is that the lawyer will manipulate the client, or the language of the instrument he is drafting for the client, in order to obtain gifts that the lawyer did not earn. 

EXAMPLE: Ali Lawyer may draft a will for his mother, and include himself in the will as a beneficiary. Ali cannot, however, draft a will for an unrelated client and include himself in the will without submitting himself to the discipline of the ethical authorities. The client in such a situation must be provided alternate legal representation so that an ethical distribution of assets is assured. 

The Rules also hold that a lawyer is not entitled to acquire a proprietary interest in the cause of action or subject matter of litigation, except that the lawyer may acquire a lien to secure payment of legal fees, and may contract with a client for a contingency fee in civil cases.