In the following fact patterns, please identify and explain the ethical concerns that the lawyer would encounter in representing the clients.

Fact Scenario 1: Lawyer has represented Father since he began his manufacturing business in the early 1960s. During the first fifteen years, the business struggled, barely able to provide a reasonable living to Father and his family. However, during the sixteenth year, Child, having completed a bachelor's degree in engineering, joined the company and began to initiate substantial changes in its production and marketing methods. Child sought the advice of Lawyer as the lawyer for the company as well as personal advisor for Child's estate planning. Due to the expansion of the business and increased financial risks from potential liability, the company was incorporated with Father as majority shareholder. Lawyer continued to advise Father, Child, and the corporation. In spite of Father's majority ownership, Child's influence in the corporation increased and Father's influence in the corporation diminished. While this shift in authority within the company was accompanied by minor conflict between Father and Child, it never escalated to the point where Lawyer was asked to intervene beyond providing judicious advice about the corporation's best interests from a legal perspective. Recently, Child contacted Lawyer and expressed substantial concerns about Father's failing health and perceived diminished capacity to make decisions. Father, at age 70, has become more irascible over the years, and Child is concerned that Father will block corporate innovations necessary to respond to the increasing globalization of the manufacturing industry. In addition to concerns related to the business, Child is genuinely concerned about Father's decision-making capacity concerning health care. It seems that Father has increasingly suffered from occasional trembling and yet refuses to seek medical diagnosis and treatment. After revealing all of this information to Lawyer, Child asks Lawyer about the various legal mechanisms available to shift decision-making authority from Father to Child. Lawyer has not met with Father within the past two years and has no personal knowledge that would help in evaluating the legitimacy of Child's concerns. Over the years, Lawyer has had only minimal contact with Mother, and that contact has always related to the drafting of her will as a part of the family's estate planning. To Lawyer's knowledge, Mother has never been involved in the company or attempted to exert any sort of control over the financial decisions of her husband concerning their property. Child is an only child.

Identify and explain the ethical concerns that the lawyer would encounter in representing the clients.

Fact Scenario 2: Family consults Lawyer for assistance in determining how to help Husband. An unrelated client recommended Lawyer to Family. Husband and Wife are seventy and sixty-five years old, respectively, and have been married for forty-five years. They have two adult children, A and B. Husband, who is becoming increasingly disoriented, and frail, Wife, A, and B come to Lawyer seeking legal advice. Wife can no longer care for Husband and is considering placing him in a long-term care facility. A and B, as heirs to their parents' estate, have concurrent, potentially conflicting concerns about their mother's financial and physical well-being and their father's increasing need for long-term care. They also may have a conflicting interest in maintaining their inheritance. Husband says that he does not want to go to a long-term care facility but also says that he trusts his family and Lawyer's judgment.