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Ethics in Estate Planning, Probate, and Trust Administration

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, May 27, 2025 (in 8 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926
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This CLE webinar will discuss critical issues relating to legal ethics in estate planning, probate, and administration. The panel will explore applicable rules and provide attorneys a deeper understanding of key ethical challenges in estate planning and probate law as well as provide practical tools for navigating these issues in their practice.

Description

Estate planning, probate, and trust administration is a complex field of law involving high stakes decisions that affect individuals and families. Factors such as unforeseen life changes, the involvement of multiple jurisdictions, and vulnerable clients pose unique ethical challenges for trusts and estates counsel and litigators.

When it comes to estate planning and probate, a variety of factors can raise ethical issues such as joint representation, attorneys acting as fiduciaries, and conflicts of interest. Other key ethical issues include confidentiality and privilege, document preparation, and any continuing obligations, which can be particularly challenging.

Counsel must balance zealous representation with the ethical requirement to avoid frivolous claims or misrepresentation, ensuring that their actions align with legal standards while protecting the rights and dignity of their clients.

Listen as the panel discusses applicable rules of professional conduct and provides an in-depth analysis of key ethical challenges in estate planning, probate, and trust administration.

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Outline

  1. Sources of ethical guidance and rules
  2. Common ethical issues in estate planning and probate
    1. Determining who is the client
    2. Joint representation
    3. Client communications and confidentiality issues
    4. Conflicts of interest
    5. Diminished capacity and competency
    6. Other issues
  3. Best practices for counsel

Benefits

The panel will discuss these and other key issues:

  • Guidance from Model Rules and navigating ethical issues in an estate planning practice
  • Determining who the client is and establishing an attorney-client relationship
  • The ethical concerns probate attorneys often face
  • Understanding the ethical risks associated with attorneys acting as fiduciaries
  • Handling confidentiality issues and conflicts of interest

Faculty

Fair, Kenneth
Kenneth J. Fair
Partner
Wright Close & Barger

Mr. Fair's practice focuses on in the area of general commercial litigation, with an emphasis on complex probate,...  |  Read More

Johnson, David
David Fowler Johnson
Managing Shareholder/Fort Worth Office
Winstead

Mr. Johnson is widely recognized as one of the go-to fiduciary litigators in Texas. His practice focuses on trust,...  |  Read More

Attend on May 27

Cannot Attend May 27?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video