Under the Texas Disciplinary Rules of Professional Conduct, may a Texas lawyer agree to serve concurrently as the executor of an estate and as legal counsel for the executor? If not, may another lawyer in his law firm serve as legal counsel for the executor?
A parent of a Texas lawyer died. The parent’s will named the lawyer as the independent executor of the deceased’s estate and the lawyer and his siblings as beneficiaries under the will. The lawyer did not draft the will. Following the death of the parent and the appointment of the lawyer as the executor for the parent’s estate, the lawyer intends to represent himself in his capacity as executor unless he is prevented from doing so by a conflict of interest. If he may not act as legal counsel for the executor, he would like to retain another lawyer in his law firm to serve as legal counsel for the executor.
Tex. Comm. On Professional Ethics, Op. 678 (2018)