Celesq® Programs

Protecting Against Ethical Exposures and Civil/Criminal Liability When Advising Clients on Protecting their Assets: What Estate Planning Attorneys Should Know

Expired
Program Number
2541
Program Date
2015-12-15
CLE Credits
2

Asset protection and estate planning attorneys must identify how to avoid liability that could arise in connection with the participation in transactions that result in improved asset protection for clients. The field of asset protection is especially filled with traps for the unwary. Join Edward D. Brown for this in-depth analysis of potential ethical, civil and criminal liability issues in the asset protection and estate planning contexts. Specific areas of focus to be discussed include: (a) when is asset protection planning ethical and when does it cross the line into the unethical; (b) properly screening the client; (c) how to identify a fraudulent transfer; (d) when can the attorney be targeted as a co-conspirator with a client engaging in fraudulent transfers; (e) can the attorney be liable for not advising the client as to the full range of asset protection strategies; and (f) who is the client. Specific attention will be placed on the Model Rules of Professional Conduct that include Rule 1.2(d) (fraudulent conduct), Rule 4.4 (lawful estate planning purposes) and Rule 8.4(c) (fraudulent transfers).

Available in States

  • California
  • Colorado Eligible
  • Georgia
  • New Jersey Eligible
  • New York
  • New York - Experienced Attorneys Only
  • Texas Self Study

Program Categories

  • Asset Protection
  • Bankruptcy Law & Creditor Rights
  • Corporate and Commercial Law
  • Estate Planning
  • Ethics & Professionalism
  • Litigation & Litigation Skills
  • Taxation Law

PROGRAM CREDITS

  • Legal Ethics : 1 Credit
  • Legal Ethics : 1 Credit