Understand how to deal with uncomfortable issues that will arise for the probate practitioner.
A lawyer is defined by Black's Law Dictionary as [a] person learned in the law...who, for fee or reward, prosecutes or defends causes in courts...or whose business it is to give legal advice in relation to any cause or matter... Notwithstanding its technical accuracy, this definition barely describes the varied roles of probate practitioners. The probate lawyer must be an advisor, an advocate, a negotiator, a go-between and, often, a therapist to clients that, in many cases, are in their darkest hour - and must do so with competence, diligence and an awareness of lurking ethical obstacles. This topic will point out common ethical hazards and offer helpful strategies for avoiding and overcoming the related consequences.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Who Is Your Client?
- Issues Created by Multigenerational Representation
- Issues Created by Joint Representation of Spouses
- Issues Created by Representation of Fiduciary and Beneficiary
- Issues Created by Representation of Multiple Clients
Does Your Engagement Letter Create More Problems Than It Prevents?
- Defining the Scope of Work
- Defining the Fees
- Defining Process When Work Extends Beyond the Defined Scope
- When Is Your File Closed
Conflicts of Interest
- Multiple Clients With Potentially Adverse Interests
- Lawyers Naming Themselves as Fiduciaries or Corporate Fiduciaries Their Firm Represents
- Lawyers Preparing Documents Which Make Gifts to Charities With Which the Lawyer or the Firm Has a Significant Relationship
How Do You Handle Client Capacity Issues?
- Diminished Capacity
- Diminishing Capacity
- Testing Capacity
Client Confidentiality
- When Conflicts of Interest Arise
- In Cases of Elder Abuse and Protecting Client From Other Types of Harm
- Obtaining Written Informed Consent
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 13, 2016.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Keith Bradoc (Brad) Gallant
Day Pitney LLP
- Partner with Day Pitney LLP
- Advises families in all aspects of trust administration and estate planning, including disabilities planning and special needs trusts as well as planning
- Frequent speaker and has written numerous publications
- Recognized as a Connecticut Super Lawyer, 2006 to 2015
- Member of numerous professional and civic organizations
- LL.M. degree, University of London; M.A. degree, Pembroke College, University of Cambridge; J.D. degree, cum laude, University of Connecticut School of Law; B.A. degree, with honors, Pembroke College, University of Cambridge
- Can be contacted at 203-752-5025 or [email protected]
Rebecca A. Iannantuoni
Day Pitney LLP
- Counsel with Day Pitney LLP
- Practice includes the representation of fiduciaries, estate administration and advising clients regarding all aspects of estate planning with particular focus on elder law and planning for persons with special needs
- Extensive experience with Title XIX Medicaid planning
- Lectured on special needs to planning to various organizations
- J.D. degree, cum laude, Quinnipiac University School of Law; B.A. degree, with depart-mental honors, Manhattanville College
- Can be contacted at 203-752-5011 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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