Estate Of Effron

117 Cal.App. 3d 915 (1981)

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Nature of the Case

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Facts

This was a dispute over the charging of statutory attorney's fees in that they violated antitrust law and their application denies due process of law to those affected. Appellants questioned the legal and ethical propriety of the customary practice involving back-scratching between corporate fiduciaries and lawyers in which the lawyer drafts the will and is always retained as counsel for the executor. They allege a failure by the trustee to negotiate a lesser fee than that allowed by statute and the failure of the trustee to discharge counsel when the beneficiaries believed it was in their best interest to do so.