Marshall Is a Paralegal Working for Larry, a Sole Practitioner

Marshall is a paralegal working for Larry, a sole practitioner who practices in estate planning, probate, and estate taxation. Axel and Mary are a married couple who hired Larry to prepare an estate plan, including wills and a trust agreement. Axel and Mary have one adult child. After Larry and Marshall met with Axel and Mary about their estate plan, Marshall began preparing the wills and the trust agreement. At that point, Axel called Marshall and wanted to change the instructions he had given for his will. Axel stated that he had fathered another child with another woman after he married Mary. Axel wanted to give $30,000 to the child in his will, but does not want Mary to know about the gift. From the options listed below, what is Marshall's best response?

A) Accept the request and make the revision because Marshall is an experienced estate planning paralegal and knows Axel from the meeting with Axel and Mary.
B) Advise Axel that he can only accept the requested change if Mary agrees to it.
C) Advise Axel that he can only accept the requested change if Larry agrees to it and see if Larry is available to speak with Axel.
D) Advise Axel that his request creates a conflict of interest between Axel and Mary, that Larry may not be able to continue representing both, and that he should speak with Larry.

Correct Answer:

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