Is an attorney for an estate attorney for the estate of a defendant a fiduciary and agent of the court?

California, United States of America


The following excerpt is from McManus' Estate, In re, 214 Cal.App.2d 390, 29 Cal.Rptr. 543 (Cal. App. 1963):

In the present case, appellant had no interest in the subject matter of the action 'other than that arising from his employment' by virtue of his right to recover the fees provided by statute. Under such circumstances, his client had an absolute right to discharge him and substitute other counsel in his place. As to appellant's theory that an attorney for an estate, as a fiduciary and agent of the court, is not subject to this rule, the recent case of Houghton v. Coberly (1962), 201 Cal.App.2d 820, 822, 20 Cal.Rptr. 489, 491, is controlling. The court there held that defendant-executors 'in their representative capacity had the absolute right to change their attorneys at any stage of the probate proceedings.'

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