Our speaker, a veteran estate planning counsel, will discuss questions to help attorneys assess malpractice exposure. Were there pre-estate plan transmutations? Are both spouses equally willing to make a large gift? Can spouses agree that they can communicate with their attorney in confidence from each other? Are there vestiges of the privity rule in estate planning malpractice cases? Can the estate planning attorney become an unwitting player in the violation of interspousal fiduciary duties? Can the attorney’s violation of an ethics rule play a role in a later malpractice case? Our speaker will address these questions and other issues relating to an attorney’s malpractice exposure in a presentation which is must for any estate planning counsel representing older clients.
