Justia Connect Webinars Navigating & Mitigating Ethical Conflicts in Estate Administration & Planning

Navigating & Mitigating Ethical Conflicts in Estate Administration & Planning

This presentation given by Trustate founder and CEO Leah Del Percio, will go over the different types of intrafamilial conflicts that estate attorneys typically face, and how they can employ strategies to mitigate them. Ms. Del Percio covers many important topics, including understanding how conflicts are presented, how to spot conflicts, and how to handle them in an ethical manner.

Learning Objectives:

Topics covered include:

Wills, Trusts & Estates Legal Ethics

Agenda:

What Are Conflicts of Interest and Why Are We Talking About This?

11% of attorney misconduct legal malpractice claims relate to estates, trusts, and probate
Conflicts - what are they?
Important note: professional rules vary across jurisdictions
Types of conflicts

Typical Conflicts That Arise in Representation

Concurrent conflicts
Successive conflicts
Direct conflicts
Indirect conflicts
Actual conflicts
Imputed conflicts
Personal conflicts
Common conflict scenarios in estate administration
Representing spouses - confidences imparted by one joint client

Reasons Conflicts Arise

New Client

Estate lawyers often represent families
Conflicts of interest can prohibit representation of multiple family members

Divulging facts to an expert (so they can’t represent the other side)
New matter with an existing client
New issue in a litigation
New parties enter litigation mid-stream (impleader, joinder)
New attorney joins a firm
Relationships with adversary
Lawyer becomes witness
Lawyer has adverse financial interest
Waivable and non-waivable conflicts

The Impact of Conflicts

Discipline
Disqualification
Rule 11 sanctions
Malpractice liability
What the Rules of Professional Conduct say

Curret clients
Former clients
Law firm vs. attorney

How to Handle Conflicts

Try to avoid potential conflicts
If a conflict arises, disclose all potential conflicts to clients and determine whether the conflict is waivable
How to proceed with waivable conflicts

Hypothetical Scenario: Attorney as Fiduciary

A walk through a common scenario where a lawyer is a trustee or executor
Duties to deceased clients

Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: November 03, 2023 12:00 PM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Leah Del Percio will discuss ethical conflicts in estate administration and planning. She targets her presentation towards trusts and estates practitioners, focusing on challenges unique to this field. Leah shares her extensive experience in estate management and operations.

05:13 Understanding Ethical Conflicts

Leah discusses the prevalence of legal malpractice claims in trusts and estates. She emphasizes the importance of understanding ethical conflicts and the model rules. Conflicts often arise between attorney and client interests and can be direct or indirect. Imputed conflicts occur when attorneys move between firms, affecting representation. Leah stresses the need for attorneys to foresee potential ethical issues.

10:49 Types of Conflicts in Estate Practice

Leah explains various types of conflicts in estate practice, including concurrent and successive conflicts. She highlights the challenges of representing multiple family members in estate planning. Conflicts can arise from dual roles, such as being both an attorney and a trustee. Leah discusses the importance of addressing conflicts with beneficiaries. She emphasizes the complexity and personal nature of estate planning work.

26:41 Managing Conflicts and Waivers

Leah discusses managing conflicts and waivers in estate practice. She explains the importance of informed consent and the limitations of waivers. Conflicts can lead to attorney discipline, disqualification, and malpractice liability. Leah outlines steps for evaluating and addressing conflicts. She emphasizes the need for clear engagement letters and documentation.

01:00:00 Fiduciary Roles and Ethical Dilemmas

Leah discusses fiduciary roles and ethical dilemmas in estate administration. She highlights the potential conflicts when attorneys serve as executors or trustees. Conflicts can arise from decisions affecting beneficiaries and personal financial interests. Leah emphasizes the importance of separating fiduciary and legal roles. She discusses the challenges of maintaining confidentiality and avoiding undue influence.

01:06:23 Client Representation and Confidentiality

Leah discusses client representation and confidentiality in estate practice. She highlights the importance of informing clients about fiduciary roles and duties. Conflicts can arise from multi-party representation, and breach of fiduciary duty allegations may follow. Leah emphasizes the ongoing duty of confidentiality after a client's death. She discusses the implications of disclosing client confidences and potential malpractice claims.

01:11:03 Audience Q&A

Leah answers audience questions about handling conflicts and maintaining client relationships. She advises clear communication and documentation when addressing conflicts. Leah emphasizes the importance of integrity and reputation in legal practice.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Legal Ethics

Earn Credit Until: November 2, 2025

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: January 31, 2026

This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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Speaker

Leah Del Percio CEO & Founder
Trustate

Leah Del Percio is the President, CEO, and co-founder of Trustate, one of the world’s fastest-growing estate administration platforms. Since Trustate’s founding in 2020, Ms. Del Percio has been involved in all aspects of the firm's development and growth. Trustate provides B2B tools to various stakeholders throughout the estate administration process including law firms, wealth managers, banks, and accountants, amongst others. Today, the firm is an industry leader in the LegalTech space and is regularly featured as one of the top startups to watch. Read More ›