Risk Management and Ethics in Trust and Estate Practice
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About
This Course
We are in the midst of the largest turnover of assets and money in the history of the world. The Baby Boomers, one of America’s most populous generations and one of the best at accumulating wealth over an extended period of national economic growth, are passing on. Disputes abound. In addition, an ever-growing segment of the current working population seeks estate planning to direct assets, both earned and inherited, as the current owners desire.
Claims against trust and estate ("T&E") lawyers are common and increasing. Trust and estate practice accounts for by far the highest number of claims reported by insurance companies in the Ames & Gough 2022 claims survey for the years 2020 and 2021. Between 2015 and 2019, trust and estate practice finished as the second leading area of practice by the number of claims, behind only business transactions and real estate. It’s dangerous to be a T&E lawyer.
Trust and estate lawyers are encouraged to attend this program and learn the five issues that cause the most concern, confusion, and claims for T&E lawyers (affectionately referred to as the "Reapers"):
- Multi-jurisdictional practice
- Acting as trustee
- Conflicts
- Joint representation
- Silo practice
Learning Objectives:
- Identify common risks in T&E practice that result in disciplinary complaints and legal malpractice claims
- Devise strategies to minimize and manage those risks
- Comply with the Rules of Professional Conduct and related duties
- Create measures giving reasonable assurance that all lawyers and non-lawyers are in the firm conform to the Rules of Professional Conduct
About the Presenters
Cassidy Chivers, Esq.
Barron & Newburger, P.C.
Practice Area: Ethics (+ 2 other areas)
Cassidy specializes in counseling lawyers and law firms on all aspects of ethics and risk management. With over 20 years experience in defending lawyers and law firms in civil and disciplinary matters, Cassidy has a deep appreciation of the risks her clients face.Cassidy is the co-leader of the risk management program, Attorneys Risk Management, which offers risk management and ethics advice to lawyers and law firms nationwide. She also serves as outside general counsel for a number of California law firms, ranging from small partnerships to AM Law 50 firms, advising on a wide array of law practice management, ethics, ...
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Noah Fiedler, Esq.
Barron & Newburger, P.C.
Practice Area: Ethics (+ 2 other areas)
Noah helps lawyers and law firms. He counsels clients on best practices to avoid problems, and defends clients against claims.Noah has wide-ranging experience defending lawyers in malpractice, fiduciary duty breach, defamation and misrepresentation claims and in disciplinary proceedings. He regularly counsels and educates lawyers and firms across the country on ethics, liability, and risk management topics.Noah has developed numerous law firm risk management resources, including our Attorneys Risk Management program. Noah is a member of the Association of Professional Responsibility Lawyers, and teaches Professional Responsibility at the University of Wisconsin Law School.In his free time, Noah plays golf, cheers for ...
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