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    Litigation, Ethics and Malpractice Group Committees

    The Litigation, Ethics, and Malpractice Group includes the Probate and Fiduciary Litigation and Controversy and the Ethics and Malpractice Committees. The first deals with all aspects of disputes, litigation and alternative dispute resolution involving wills and trusts, private and charitable trusts, and related controversies involving conservatorships and guardianships. The second deals with ethical and malpractice issues that arise in the estate and trust context.

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    Alternative Dispute Resolution

    This committee was formed in recognition of the importance to our practices of the quickly evolving world of ADR, with emphasis on the role it plays in resolving trust and estate disputes. The committee also addresses the drafting and use of specific provisions for arbitration and mediation in estate planning documents and other family agreements. The committee creates and promotes CLE programs and publications which focus on or involve developments in ADR related to probate and fiduciary disputes. The committee tracks emerging trends as well as practice pointers, and is a forum for the discussion of the resolution of disputes, either before or after litigation has commenced, whether through mediation, arbitration or otherwise.

    Ethics and Malpractice

    This committee reviews the changing role of the lawyer in modern estate planning, and evaluates the potential liabilities of the estate lawyer to clients and others arising out of a modern trusts and estates law practice. The committee assesses insurance or other methods of financial protection for the practitioner and focuses on the changing developments in the ethical rules affecting both the estate planner and the probate litigator.

    Probate & Fiduciary Litigation

    This committee reviews developments related to estate and trust litigation, including will contests, surcharge litigation, contested guardianships and conservatorships and alternative dispute resolution. It studies selected issues, such as the right to a jury trial and the availability of punitive damages. The committee also analyzes specific evidentiary questions (for example, attorney-client relationships, attorney-work product and ethical and conflict of interest issues in the field). The committee publishes information for Section members on these topics, and participates in or sponsors Section CLE programs. AMBAR.ORG/RPTE 26