Celesq® Upcoming Webcasts

Date Published: 12/11/2017

Ethical Considerations for Lawyers Involved in Estate Planning and Asset Protection

Attorneys who assist clients with their asset protection and estate planning needs must be careful to comply with what is ethical to avoid facing potential ethics complaints, not to mention possible criminal liability. Join Edward D. Brown, Esq. and Carl G. Stevens, Esq. for this detailed analysis of potential ethical issues in the asset protection and estate planning contexts, including: when is asset protection planning ethical and when does it cross the line into the unethical; properly screening the client; identifying voidable transactions; when can the attorney be targeted as a co-conspirator with a client engaging in fraudulent transfers; can the attorney be liable for not advising the client as to the full range of asset protection strategies; and who is the client. Specific attention is placed on the ABA Model Rules of Professional Conduct that include Rule 1.2(d) (fraudulent conduct), Rule 1.3 (the diligent representation of the client), Rule 1.6 (the ethical duty of confidentiality), Rules 1.7, 1.8 and 1.9 (the potential conflict of interest involving current and former clients), Rule 1.16 (withdrawing and/or terminating the representation if a client is less than fully transparent in the client’s dealings with you), Rule 4.4 (lawful estate planning purposes) and Rule 8.4(c) (fraudulent transfers).

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