Attorneys and Advisors Have A Duty To Clients First

Some people criticize attorneys who give advice helping clients with Medicaid planning. Critics argue that attorneys and advisors are telling clients how to use the law to get the government to pay for their care and that is bad for society at large.

The advisors and attorneys point out in response that it is an attorney’s ethical duty to give the best Medicaid planning advice to clients, regardless of how it affects the society at large. The attorney may agree with moral arguments that critics make, but his/her duty is to his/her client first and he/she must put all personal feelings about the matter aside. In fact, advisors or attorneys who intentionally withhold effective Medicare planning advice from their clients are in danger of being sued if their clients find out.

See Roccy DeFrancesco, Medicaid Planning: Should Your Advice Be Best for Your Clients or Society at Large?, ProducersWeb.com, Jan. 31, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing  (PLM, Inc.)) for bringing this article to my attention.