Ethical Considerations for Lawyers Involved in Estate Planning and Asset Protection

Program Number: 2746

Program Date: 12/11/2017

Description

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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Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, New York - Experienced Attorneys Only, 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

Credit Eligible for Experienced Attorneys Only in NY

Presenters


Edward D. Brown, Esq., GreenspoonMarder, PA

GreenspoonMarder

Edward D. Brown, Esq., LL.M., CPA is a partner and Co-Chair of the International Wealth and Asset Planning Group at Greenspoon Marder. Mr. Brown has more than twenty-five years of experience in areas of comprehensive estate planning, asset protection and taxation. Twenty years of Mr. Brown’s experience, thirteen as a shareholder, were with the law firm of Engel & Reiman PC, concentrating almost exclusively in the trust-planning practice area, including the crafting, amending, interpreting, analyzing and consulting with regard to the operations of many of these trusts, whether domiciled in the Cook Islands, Nevis or Isle of Man or domestically in states such as Nevada. Mr. Brown was a co-author, with Barry Engel, of the various editions of the Asset Protection Planning Guide, a Wolters Kluwer, CCH publication. He focuses his practice on trust designs that are customized to the clients’ goals of protection of assets for their family and having added flexibility in their comprehensive estate plans that allow maximizing options with regard to changing circumstances and evolving laws.

 

Carl G. Stevens

Davis Schilken, PC.

Carl G. Stevens is a shareholder in Davis Schilken, PC. His practice emphasizes tax savings for family wealth and asset protection in the event of divorce, remarriage, bankruptcy and lawsuits. He practices primarily in the areas of wills, trusts, oil and gas, real estate, business planning, elder law and probate. Mr. Stevens teaches and writes on estate planning topics for the public and other attorneys, certified public accountants and financial professionals. He is a co-author of a chapter on asset protection for the Colorado Estate Planning Handbook. He is a member of several committees of the Colorado Bar Association. As an active member of the Trust and Estate Section and the Elder Law Section of the Colorado Bar Association he participates in drafting new laws. He has testified before Colorado legislative committees in regard to trust, probate and tax legislation.

 

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