American Bar Association
 
LITIGATION, ETHICS AND MALPRACTICE GROUP

ABA Section of Real Property, Trust & Estate Law

LITIGATION, ETHICS AND MALPRACTICE GROUP

Who We Are

The Litigation, Ethics and Malpractice Group devotes it efforts to issues involving trust, estate and fiduciary litigation matters (these include probate disputes; will and trust construction; accounting disputes; breach of fiduciary duty claims; and other controverted issues involving the administration of individual and charitable estates and trusts). We also address ethics issues affecting trust and estate lawyers and malpractice issues (including malpractice avoidance) that may affect them. Our Group remains focused on educating members on national trends in these areas through efforts such as CLE program and and articles. Where appropriate, our Group assists other Section Groups in analyzing litigation, ethics or malpractice disputes that may affect estate planning, administration or any other litigation or controversy issue germane to the Section's mission. We hold quarterly conference calls that will be listed on on this website.


This Group consists of the following Committees:

Current Case Law Developments

In the coming months, the Group plans to ask our members to submit short, one paragraph descriptions of new case developments from around the country. We will be developing this feature and discussing it in our quarterly conference calls. Those who are interested in helping with this project should contact the group chair, Steven Mignogna, smignogna@archerlaw.com.

Sub Committees  (click [+] for listing)

 Sub Committees

Programs, Meetings and Events

Committee Events

Group Conference Call

January 21, 2015
Topic of Discussion: Dana Fitzsimons Jr., Senior Vice President & Fiduciary Counsel with Bessemer Trust, will review the most significant fiduciary litigation cases of 2014 and discuss current trends in fiduciary risk. Dana has led such discussions in the past for our Group, and the calls are among our most popular, so please plan to join us.
 
Section Events

    Planning, Perils and Prevention: Managing Risk in Your Trusts and Estates Practice

    03/03/2015-03/03/2015

    The program will use hypothetical scenarios to review professional responsibility issues that arise in a trust and estate planning practice, including the representation of spouses, and of family members from different generations. The presentation will focus on the application of the rules governing ...

    Insurance for Real Estate Lawyers

    03/04/2015-03/04/2015

    Mistakes by real estate lawyers in specifying insurance coverage in commercial leases and construction documents can lead to catastrophic uninsured losses for their clients.Register for this practical CLE webcast on Insurance for Real Estate Lawyers and learn the key liability and property insurance ...

    Essential but Overlooked Issues in Drafting LLC Operating Agreements

    03/17/2015-03/17/2015

    During this presentation the speakers will go through a form operating agreement, focusing primarily on addressing the following issues: Governance authority, fiduciary duties, and succession; Contributions and distributions; Transferability buy-sell provisions, admission, ...

LISTSERV Communication

In order to send a message to the listserve, send the message as an email to the address below. You must be a member of the Committee to use the listserve.

RPTE-LITIGATION@mail.americanbar.org

In order to access the listserve archive, please click here. Please note that you will need to create a new password, separate from your regular ABA password, in order to use this archive.


more...

Leadership

Chair:

Mignogna, Steven
Message From The Chair

Council Representative:

Franklin, Terrence

Vice-Chair:

Carey, James

Committee Roster  

Modified by Adam Bielawski on December 31, 2014

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