Representing Fiduciaries: Legal Ethics for Counsel and Pitfalls to Avoid
Understanding Fiduciary Risks, Fee Agreements and Disclosures, Confidentiality Issues, and More
This program offers 90 minutes of Ethics credit.
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will provide attorneys an in-depth analysis of ethical risks of representing fiduciaries and offer strategies to overcome challenges relating to such representation. The panel will discuss critical fiduciary risks attorneys must understand, fee agreements and disclosures, navigating confidentiality issues, conflicts of interest, and other key items to minimize potential liability.
Outline
- Types of fiduciary relationships and fiduciary obligations
- Risks of fiduciary representation
- Fee agreements, disclosures, and third-party payments
- Client communications and confidentiality issues
- Best practices for counsel
Benefits
The panel will discuss these and other key issues:
- Understanding the ethical risks associated with representing fiduciaries
- Determining who is the client and establishing an attorney-client relationship
- Key provisions for fee agreements and disclosures
- Third-party payments
- Handling confidentiality issues and conflicts of interest
- Best practices for counsel providing services to fiduciaries
Faculty
Matthew A. Bourque
Managing Attorney
RMO
Mr. Bourque serves as Managing Attorney of RMO LLP’s Dallas and Houston offices. He focuses his practice on... | Read More
Mr. Bourque serves as Managing Attorney of RMO LLP’s Dallas and Houston offices. He focuses his practice on representing heirs, beneficiaries, fiduciaries, creditors, and other interested parties in contested probate, trust, guardianship, and financial elder abuse cases. Mr. Bourque primarily handles probate litigation matters including will contests, fiduciary litigation to recover misfunded, misapplied or misappropriated estate and trust funds, community property claims, executor and trustee removal proceedings, compelled distribution of estate and trust assets, trust accounting lawsuits, competing applications for guardianship, and establishment of common-law marriage and adoption-by-estoppel. He also has significant experience handling commercial litigation incidental to probate matters.
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Meghan M. Glaspy
Managing Partner
RMO
Ms. Glaspy is the Managing Partner in the Orange County office. Having previously served as a Deputy District Attorney,... | Read More
Ms. Glaspy is the Managing Partner in the Orange County office. Having previously served as a Deputy District Attorney, she brings extensive trial experience and has worked closely with clients through complex and emotionally-charged disputes. Ms. Glaspy brings that experience to RMO where she focuses her practice on probate disputes, including will and trust contests, breach of fiduciary duty claims, financial elder abuse protection, and contested conservatorships, representing beneficiaries, as well as individual, professional and corporate fiduciaries (administrators, executors, trustees and conservators).
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