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"1) Yes, an attorney may legally represent both sides in a transaction IF the risks of dual representation (i.e. not having a fully independent advocate) are explained to both parties, and the parties, in full knowledge of those risks, consent to the representation.2) If the attorney is going to charge as two separate services, then each party should generally have been charged for its representation--i.e. the estate should have been charged for the lawyer's work as seller, the brother for the attorney's work representing him. That said, if this transacton was in the interest of the estate--which it may not have been, if the sale was under market value--then if it would be necessary to pay the brother's costs to get him to enter into it, it would be legal, in the interest of the estate, to pay for him."
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