May 17, 2017

Ethics in Estate Planning & Elder Law: The Hard Ones

(Grand Ballroom A/B/C, 4th Floor)

Thursday, June 1 
(10:40am - 12:00pm)

Moderator: Arthur J. Lachman
Panelists:   Karen Boxx, Peter T. Mott, Heather L. Rosing

Applying a uniform set of ethics rules across practice areas is one of the most challenging aspects of the law of lawyering. This is especially true in estate planning and elder law practice. This interactive session will explore issues that present unique difficulties for practitioners, focusing on the debates and resolutions contained in the recently updated edition of the American College of Trust & Estate Counsel (ACTEC) Commentaries on the Rules of Professional Conduct. Among the issues we’ll explore are formation of lawyer-client relationships; creation of and reliance on powers of attorney; client diminished capacity and guardianships; joint representations and loyalty/confidentiality duties; holistic practice; elder abuse; money laundering; protection of client property; estate administration; and choice of law.

Materials

  1. Hypotheticals 
  2. Karen E. Boxx, ACTEC COMMENTARIES ON THE MODEL RULES OF PROFESSIONAL CONDUCT:  History, Revisions, and Recent National Case Law and Ethics Opinions Involving Trust, Estate And Guardianship Issues (August 2016) 
  3. What is ACTEC?
  4. ACTEC Publications
  5. ACTEC Commentaries (5th ed. 2016)
  6. Comprehensive Annotations to ACTEC Commentaries (July 2016)
  7. ACTEC Engagement Letters:  A Guide for Practitioners (3rd ed. 2017)

 View/Print all session materials