American Bar Association


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:

  • Ethics and Malpractice Committee
  • Ethics and Malpractice Committee
    • Co-Chairs -- David Lieberman and
    • Mission -- This committee reviews the changing role of the lawyer in modern estate planning, and evaluates the potential liabilities of the estate lawyer to clients and others arising out of a modern trusts and estates law practice. The committee will also assess insurance or other methods of financial protection for the practitioner. The committee also focuses on the changing developments in the ethical rules affecting both the estate planner and the probate litigator.
  • Probate and Fiduciary Litigation Committee
  • Alternative Dispute Resolution Committee
    • Chair -- Steven K. Mignogna
    • Vice-Chairs -- Robert D. Steele and Matthew Triggs
    • Mission -- This committee was formed in recognition of the importance to our practices of the quickly evolving world of ADR, with emphasis on the role it plays in resolving trust and estate disputes. The committee also addresses the drafting and use of specific provisions for arbitration and mediation in estate planning documents and other family agreements. The committee creates and promotes CLE programs and publications which focus on or involve developments in ADR related to probate and fiduciary disputes. The committee tracks emerging trends as well as practice pointers, and is a forum for the discussion of the resolution of disputes, either before or after litigation has commenced, whether through mediation, arbitration or otherwise.
    • Join the committee.

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

Recent Developments

Written Materials From Most Recent Spring Symposia

Landmark Cases

This content is designed as a resource to provide group members and others with a starting point for nationwide research on the bedrock issues in our practice areas. The content is organized by state and includes precedential (primarily, state supreme court) decisions listed alphabetically by issue.

Current Developments

This section contains a reverse chronological listing of current developments in areas of interest to our group, including, for instance, recent cases and legislative developments.

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.

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.




Carey, James
Message From The Chair

Council Representative:

Sacks, Robert


La Ratta, Anthony

Committee Roster  

Modified by Kenneth Lackey on November 19, 2015

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