transcript   Transcript

Estate Planning: Attorneys as Beneficiaries and/or Fiduciaries

Recorded on: Oct. 3, 2018
Running Time: 01:00:43

Full Transcript:

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Taken from the Web Program 49th Annual Estate Planning Institute Recorded September 2018 in New York

Estate Planning: Attorneys as Beneficiaries and/or Fiduciaries [01:00:43]
  • Ethical considerations – Role of the Rules of Professional Conduct
    • Rule 1.1 – competence and issues of judgment,
    • Rule 1.2 – scope of engagement,
    • Rule 1.5 – reasonableness of legal fees,
    • Rul1 1.6 – confidentiality.
  • Conflicts that exist in the trust and estates areas
    • Rule 1.7 - between the lawyer and client – Rule 1.7,
    • Rule 1.7 - between current clients,
    • Rule 1.9 - between a current and former client.
  • Attorneys as fiduciaries
    • Appropriate circumstances
    • Retention of counsel where attorney is fiduciary
    • Best practices for avoiding exposure
  • Attorneys as beneficiaries
    • Rule 1.8(c) – gifts and bequests;  and
    • Potential pitfalls and best practices for avoiding exposure
  • Fiduciary misconduct
    • Aiding and abetting claims against counsel for the fiduciary
    • Confidentiality and disclosure of misconduct
    • Best practices for avoiding exposure
  • Clients with diminished capacity
    • Determining if the client is capable of making a reasoned decision
    • Taking protective measures
    • Confidentiality
    • Obligations on withdrawal

Marian C. Rice

The purchase price of this Web Program segment includes the following article from the Course Handbook available online:

  • Ethical and Liability Risks for Trust and Estate Attorneys in Their Roles as Fiduciaries and Beneficiaries
    Marian C. Rice
Presentation Material
  • Estate Planning: Attorneys as Beneficiaries and/or Fiduciaries Segment PowerPoint
    Marian C. Rice
  • (s)
    Marian C. Rice ~ L'Abbate, Balkan, Colavita & Contini, L.L.P.
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