Group and Committee News
Litigation, Ethics and Malpractice Group
The Litigation, Ethics and Malpractice Group concentrates its efforts on issues involving trust, estate and fiduciary litigation matters. These issues include probate disputes, will and trust construction proceedings; fiduciary accountings; breach of fiduciary duty claims; and other disputed issues involving the disposition and administration of individual and charitable estates and trusts. In addition, the group addresses ethics concerns faced by trust and estate lawyers and malpractice issues (including malpractice avoidance) that may affect them. The group works to educate its members on recent developments and national trends in these areas. They do this through educational efforts such as CLE programs and articles. Where appropriate, the group assists other RPTE Section groups in analyzing litigation, ethics or malpractice issues as they may related to estate planning, administration or any other litigation or controversy matter germane to the Section's mission. Quarterly conference calls are listed on the Section Website (They are scheduled for January 13, April 14 and July 14, all at 1:30 EDT). The group urges it members to come to the Section's meetings, including the Spring Symposia (May 2010 in Philadelphia) and the Fall Joint Meeting with the Section on Taxation. In the coming year, the Group plans to continue to address ethical issues involving estates and trusts. One of the Spring 2010 Symposia programs will involve a hypothetical meeting of partners at a law firm confronting ethical dilemmas that often arise in estate administrations. The group will also seek to present an update on the ever-changing world of trust reformation and modification, recognizing that our clients sometimes encounter the need for relief from provisions of an otherwise irrevocable estate plan. Gerard Brew is the group Chair; Matt Matiasevich is group Vice-Chair; Steven Mignogna chairs the Litigation Committee; and Pat Char chairs the Ethics and Malpractice Committee.