Ethical Considerations for Asset Protection and Estate Planning Lawyers: Avoiding Ethical Violations and the Civil and Criminal Liability that Can Result Therefrom

Program Number: 2218

Program Date: 12/20/2012

Description

Lawyers advising clients on asset protection planning and integrated estate planning matters are not only subject to ethics claims, but also risk potential exposure for civil and criminal liability as the result of ethical violations. Join Barry Engel for this important analysis of ethical considerations for asset protection and estate planning attorneys. Specific ethical rules to be discussed include: (a) the diligent representation of a client (Model Rule of Professional Conduct 1.3); (b) the potential conflict of interest involving current and former clients (Model Rules 1.7, 1.8, and 1.9); (c) the ethical duty of confidentiality (Model Rule 1.6); and (d) withdrawing and/or terminating the representation (Model Rule 1.16). Specific ethical issues to be covered include: (a) who is actually the client (including when to represent the individual client, when to represent the husband and wife, and when to represent the integrated estate planning trust); (b) the attorney-client privilege, and why your files are not as private as you think they are; (c) the work product doctrine in the litigation setting; and (d) how the practitioner should act and react when served with a subpoena

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Available in states

California, Colorado Eligible, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 60-minute credit hour

State Program Numbers

Presenters


Barry S. Engel, Esq.

Engel & Reiman PC

Barry S. Engel, Esq. is a principal in Engel & Reiman pc, a Denver, Colorado-based law firm with an international client base. Mr. Engel, who has been written about and quoted by The Economist, Business Week, ABA Journal, Wall Street Journal, The New York Times and Forbes, among others, is the author of CCH's Asset Protection Planning Guide (2nd Edition), which contains over 650 pages of text and practice tools for the practitioner. For information on the Guide, click on http://www.engelreiman.com/apguide.html. Mr. Engel was one of three principal co-authors of protective trust legislation as enacted by the Parliament of the Cook Islands in 1989, which has served as a model for many other offshore jurisdictions as well as for a number of states in the U.S., and he has also consulted with a number of other foreign jurisdictions regarding similar legislation. From 1993 to 1998, he was President of The Offshore Institute, an Isle of Man (British Isles) based international, multi-disciplinary professional body committed to education and excellence in international and offshore practice and planning, and under his leadership, the membership of the organization grew from under 100 members to over 600 members in 60+ countries. Mr. Engel is a prolific author and speaker, having been published extensively and having lectured to tens of thousands of professionals worldwide over the past 25+ years.

 

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