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Professional Program Materials - Friday (2017 Fall Meeting - PDF)
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Friday, October 20


Session 1: New Edition of the Engagement Letters Guide for Practitioners Unveiled

The Second Edition of ACTEC’s Engagement Letters Guide for Practitioners was published in 2007, and what a difference a decade makes! With the recently published Third Edition, the Professional Responsibility Committee helps lawyers meet modern technological and other challenges in representing trust and estate clients by managing clients’ expectations from the outset. It also provides a wider array of options in drafting engagement letters. The panelists will walk us through the new Guide and share debates had within the Professional Responsibility Committee on topics such as whether or not to terminate the representation of estate planning clients once their current documents are signed, the perils of advance generic conflicts waivers and the constant tension between a client’s desire for brevity and our desire to adequately protect our clients and ourselves. The Third Edition of the Engagement Letters Guide complements the 2016 Edition of ACTEC’s Commentaries on the Model Rules of Professional Conduct.


  • Peter T. Mott, Southport, CT


  • J. Lee Osborne, Roanoke, VA
  • Linda J. Retz, Torrance, CA
  • Adam F. Streisand, Los Angeles, CA


Session 2: “You’re Keepin’ Too Many Secrets from Me”: Lawyers and Other Advisors Working Together – Are Your Communications Privileged?

Estate planners are often asked to include other advisors in conversations about estate and tax planning. This session will cover when privilege issues arise, the difference between privilege and work product, and maintaining privilege when other advisors are participating in the planning process. Issues particular to email communications will be covered, and best practices for preserving privilege will be discussed.


  • Kim Kamin, Chicago, IL


  • Terrence M. Franklin, Los Angeles, CA
  • Jon Scuderi, Naples, FL
  • Michael D. Simon, West Palm Beach, FL


Session 3: Tech Do’s and Don’ts

Do you text with clients? Use public WiFi access? Use cloud storage? Scrub your metadata? Use “I<3ACTEC” for all your passwords? The practice of law now requires an understanding of threats to the security of client information. This presentation will help you understand basic IT security vocabulary, recent ethics opinions about encryption and the cloud, including ABA Formal Op. 477R, and the attorney’s obligation to keep abreast of technology issues. The panelists will also share ideas about preserving client confidentiality using secure communications and information management.


  • Thomas L. Overbey, Fayetteville, AR


  • James C. Worthington, Sr, Louisville, KY
  • Michael D. Simon, West Palm Beach, FL


2017 ACTEC Fall Meeting
October 20, 2017
Nashville, TN