Estate Planning and the Fiduciary Exception to Attorney-Client Privilege
Protecting Estate Counsel's Advice to Trustees Amid Conflicting Court Rulings
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to estate planning counsel on whether and to what extent the fiduciary exception to attorney-client privilege applies to their communications with trustees. The panel will examine recent court rulings on the fiduciary exception and explain best practices for preserving the privilege given conflicting court rulings on when the fiduciary exception applies and when it does not.
- Parameters of fiduciary exception
- Scope of fiduciary functions subject to the exception and limitations of exception
- Recent court rulings on the fiduciary exception
- Best practices for preserving the privilege
The panel will review these and other key issues:
- What lessons do court rulings offer counsel in developing best practices and advising trustees to protect communications with counsel?
- In what circumstances can counsel clearly defend the privilege in fiduciary conduct and communications—and how can counsel navigate the grey areas?
- How do courts determine when a communication was in a trustee’s personal capacity?
Tina N. Babel
Ms. Babel practices in the area of business litigation with a concentration in fiduciary litigation. She... | Read More
Ms. Babel practices in the area of business litigation with a concentration in fiduciary litigation. She represents businesses and individuals in both defense and plaintiff's work, managing a wide array of disputes, including those arising out of contract, tort, breach of fiduciary duty, and class action disputes. She is a featured speaker at numerous fiduciary litigation CLE programs.Close
Laura E. Morris
Warner Norcross & Judd
Ms. Morris concentrates her practice on probate court disputes involving trusts, estates, wills, powers of... | Read More
Ms. Morris concentrates her practice on probate court disputes involving trusts, estates, wills, powers of attorney, adult guardianships and conservatorships (mentally-incapacitated or developmentally-disabled individuals), and minor guardianships. She represents clients in fiduciary litigation issues. She has authored articles on probate and wills and trusts litigation.Close