Defensive Estate Planning Practices: Practical Strategies

Defensive practice is critical for all estate planners. The risk profile of the discipline has grown more dangerous over time. The largest number of malpractice claims stem from three key practice areas, and at the top of that list are trusts & estates. The most common claimed legal malpractice error relates to conflicts of interest, and those can abound in T&E work.  According to the ABA’s Standing Committee on Lawyers’ Professional Liability, the percentage of claims involving payouts of $2 Million or more was substantially on the rise. The good news is that practitioners can take many practical steps to lessen their exposure, and this webinar will review many of them. The panel will include the perspectives of an estate litigator, an estate planner, and a malpractice insurance professional. What are the common issues that give rise to estate planning claims? The discussion will review steps that may be taken at each phase of an estate planning engagement: before accepting a prospect as a client, due diligence at the outset of the engagement, steps to consider before significant wealth transfers, and how and when to close a matter. When, how and what might practitioners consider communicating to clients and retain in their files to protect themselves? What might be considered for retaining agreements? How might conflicts be addressed? What are some of the considerations when evaluating malpractice coverage? What matters and when should practitioners report to their carrier? And more!

Speakers: Sandra D. Glazier, Esq., Gregg Cooke, Esq. USI Affinity, and Martin Shenkman, Esq.

*This may constitute attorney advertising.

* No CPE, CLE, etc. is offered but a certificate of attendance will be provided.