Seminar A: Loose Lips Might Sink Ships - The Ethics of Disclosures and Testimony by Estate Planners: Tips, Tools and Trade Secrets (Ethics)
Have you ever received a letter or subpoena requesting a copy of your client’s estate planning file or affidavit, deposition or trial testimony?
Few estate planners consider the ethics and practical impact of taking proper steps when receiving a subpoena that requests their client’s estate planning file or related testimony. Fellows will gain the perspective of both planners and litigators on a drafting attorney’s role in a will or trust contest. This seminar will examine ethical issues that arise in deposition and trial testimony when estate planning files are sought in discovery as well as applicable privileges and potential conflicts. The panel will discuss differences between privileged and confidential information, who ‘owns’ the attorney-client privilege before and after death, when being proactive may get you into hot water, practical strategies in responding to discovery requests and best practices for maintaining and producing file materials and providing testimony.
Kim D. Fetrow
Shaheen I. Imami
Recorded Friday, March 6, 2020