Ethics & Malpractice
The American Bar Association Section of Real Property, Probate and Trust Law, the ABA Center for Professional Responsibility and the ABA Center for Continuing Legal Education is sponsoring a teleconference and live audio webcast CLE program on June 13, 2006 entitled Ethical Issues in Estate Planning and Administration — Avoiding Ethics Violations and Malpractice. Here is the description of this program:
This month , the American College of Trust and Estate Counsel released the fourth edition of the ACTEC Commentaries on the Model Rules of Professional Conduct. The update provides stronger guidance on ethical issues and standards that estate planners and administrators must address to avoid ethics violations and malpractice. The clarifications and additions included in the revisions illuminate new and evolving ethical issues that all attorneys involved in estate planning and administration should consider in everyday practice.
Join our experts to analyze the revised commentary and learn how the new revisions affect your estate planning practice. Specifically, the panelists will cover:
- How estate lawyers can violate their duty of confidentiality when representing spouses and other family members in estate planning.
- When a client has “diminished capacity” and how to avoid being the lawyer with “diminished skill.”
- How to assist clients in neighboring states without being charged by local lawyers with the unauthorized practice of law.
- How to avoid disqualification in estate litigation when interviewing a prospective client (also known as the “prospective defendant”).
- Why the ABA Model Rule was revised from “consent after consultation” in favor of “informed consent.”