Conflict of Interest
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1966 - LR - The Unauthorized Practice of Law by Laymen and Lay Associations, by Loyd P. Derby - 34p
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2005 - LR - The Dirt on Coming Clean,
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When rendering legal advice to customers, life insurance salesmen have a conflict of interests—they are interested in setting up an estate plan with the maximum amount of life insurance regardless of the best interests of their client.141
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Furthermore, there is no indication that other lay estate planners are rendering a public service by providing competent, low-cost service to the public; in fact, it appears that the opposite is true.142
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For these reasons, the courts have not hesitated to enjoin life insurance salesmen and other lay practitioners from rendering advice that applies specific legal principles to the customer's particular situation.143
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It is likely, however, that many of these activities go undetected, and to discourage them, local bar associations must do more than attack them in the courts.
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The bar must find some effective means of providing these services competently and at a low cost to all the members of the public.
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1966 - LR - The Unauthorized Practice of Law by Laymen and Lay Associations, by Loyd P. Derby - 34p