Client Representation in Trusts & Estates: Ethics, Conflicts & Fiduciary Duty (On-Demand)

Course Description

This course looks at the ethical issues surrounding client representation in a different way than typically presented. While some attention is given to professional rules, larger ethical questions will be considered, such as getting to the heart of what a client wants, “wants” that may range beyond discrete areas of wills, trusts, and tax. In understanding what a client wants, how does the client see themselves because how we see things makes a very big difference in the ethical analysis of what might be achieved. Finally, what opportunities does a lawyer have when a client has conflicts themselves, for instance, with other family members? Can and should (or not) lawyers assist clients in resolving such issues in conjunction with estate planning.

Syllabus

1. What Does the Client Want & What That Means to the Attorney’s Ethical Duties
2. Behavioral Considerations or Who Does the Client Think They Are and What They Are Doing
3. The Lawyer’s Opportunity (or not) When Clients Have Conflicts