AttorneysEd Center

There are many ethical issues that present themselves to the asset protection planner. In this program, Barry Engel reviews a sample engagement letter, setting the stage for a discussion of who is actually the client (including factors to consider in determining whether to represent the individual client, whether to represent husband and wife jointly, or whether to represent the integrated estate planning trust); the potential for conflicts of interest among current clients and former clients and between spouses; the origin and evolution of the attorney-client privilege; and how adversary counsel in an emergency-measures situation may be able to access your “privileged” files. Mr. Engel also covers how the planner should act and react when served with a subpoena; the ethical duty of confidentiality and the purpose and scope of the work product doctrine in the litigation setting (including its elements, exceptions and potential waiver); and balancing the obligation to zealously represent a client on the one hand and the importance of avoiding fraudulent transfers on the other, along with the potential ethical ramifications of engaging in fraudulent transfers with or on behalf of a client.

Note: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 1.0 credit hours will apply to legal ethics/professional responsibility credit.