What is the test for an attorney to rebut the inference that undue influence arises when he receives a gift from the client?
California, United States of America
The following excerpt is from Eschwig v. State Bar, 1 Cal.3d 8, 459 P.2d 904, 81 Cal.Rptr. 352 (Cal. 1969):
In Magee v. State Bar, 58 Cal.2d 423, 429(3), 431(8a, 9), 24 Cal.Rptr. 839, 843, 374 P.2d 807, 811, this court said: 'The highest good faith an attorney owes his client requires the attorney to rebut the inference of undue influence that arises when he receives a gift from the client under circumstances that reasonably suggest such influence. * * *
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