American Bar Association
 
Ethics and Malpractice Committee

ABA Section of Real Property, Trust & Estate Law

Ethics and Malpractice Committee

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.

Nominate an Ethical Lawyer for an Award!

The ABA gives the Michael Franck Professional Responsibility Award to individuals whose career commitments in areas such as legal ethics, disciplinary enforcement and lawyer professionalism inspire public confidence in the legal profession. Additional information is located online at http://www.abanet.org/cpr/awards/franck.html.

Please contact the Center for Professional Responsibility at cpr@abanet.org if you have any questions about the Michael Franck Award

Updates from Thomas Spahn

Updates from Thomas Spahn

May 16, 2012: Ethics guru Tom Spahn discusses the presence of third parties in meetings with estate planning clients, and how it endangers the privilege
May 23, 2012, Tom Spahn discusses the Kovel standard for preserving the privilege
May 30, 2012: Tom Spahn on third parties and the privilege: functional equivalents and work product
June 6, 2012: Tom Spahn on work product and witness interviews
June 13, 2012: Tom Spahn on work product protection: trigger events in anticipation of litigation
June 20, 2012: Tom Spahn on waiver of attorney-client privilege by clients
June 27, 2012: Tom Spahn on how to establish a substantial need that renders work product material discoverable
July 4, 2012: Tom Spahn on the privilege and joint representation
July 11, 2012: Tom Spahn - Is the Privilege Jeopardized by Intra-Corporate Sharing?
July 18, 2012: Tom Spahn on whether the privilege survives the sale of corporate assets
July 25, 2012: Tom Spahn on interlocutory appeals of privilege issues: the cat is out of the bag
July 31, 2012: Tom Spahn on attorney-client privilege/work product: it's often both, not either-or
August 8, 2012: Tom Spahn on implied privilege waiver through assertion of affirmative defenses
August 15, 2012: Tom Spahn on specifics of commonality required to assert joint defense privilege
August 22, 2012: Tom Spahn on litigation connection required to assert joint defense/common interest privilege
August 29, 2012: Tom Spahn on work product protection for witness interview material
September 5, 2012: Tom Spahn on functional equivalents and the privilege
September 12, 2012: Tom Spahn on clawback orders and Federal Rule of Evidence 502(d)
September 19, 2012: Tom Spahn on the Inadvertance Standards in Clawback Agreements
September 26, 2012: Tom Spahn on contention interrogatories and the work product doctrine
October 3, 2012: Tom Spahn on common interest privilege and the friendly third party
October 10, 2012: Tom Spahn on attorney-client privilege in criminal investigations
October 17, 2012: Tom Spahn on finding the attorney-client privilege law in your jurisdiction
October 24, 2012: Tom Spahn on the specific claim requirement for work product protection
October 31, 2012: Tom Spahn on work product protection for intrinsically non-protected material
November 7, 2012: Tom Spahn on discovery about discovery: what's protected as work product?
November 14, 2012: Tom Spahn on Delaware court applying common interest doctrine
November 21, 2012: Tom Spahn on protecting against privilege waiver during depositions
November 28, 2012: Tom Spahn on a/c privilege between employees outside the presence of counsel
December 5, 2012: Tom Spahn on the differences between federal and some state work product rules
December 12, 2012: Tom Spahn on affirmative disclosure of priv. material and subject matter waiver
December 19, 2012: Tom Spahn on courts have discretion on whether to conduct in camera review
December 26, 2012: Tom Spahn on revised and supplemented privilege logs
January 2, 2013: Tom Spahn on the need to know standard for privilege protection
January 9, 2013: Tom Spahn on justifying your work product position with affidavits and evidence
January 16, 2013: Tom Spahn on articulating the basis for a future privilege claim
January 23, 2013: Tom Spahn on demonstrating that your information warrants protection as privileged
January 30, 2013: Tom Spahn on the motivation element of work product protection
February 6, 2013: Tom Spahn on the interlocutory appeals of unfavorable privilege rulings
February 13, 2013: Tom Spahn on the application of the privilege to agents and consultants
February 20, 2013: Tom Spahn on implied waivers of privilege
February 27, 2013: Tom Spahn on the nuances of work product protection applied to translations
March 6, 2013: Tom Spahn on discovery directed at the adversary's trial lawyer
March 13, 2013: Tom Spahn on the crime-fraud exception to the attorney-client privilege
March 20, 2013: Tom Spahn - Is it wise to issue discovery to an adverse party's law firm?
March 27, 2013: Tom Spahn - Use care in disclosing historical facts to avoid privilege waiver
April 3, 2013: Tom Spahn on litigants must explain which protection justifies withholding documents
April 10, 2013: Tom Spahn on the test for work product protection: assist or because of litigation
April 17, 2013: Tom Spahn on intangible work product
April 24, 2013: Tom Spahn-Does work product protection apply where there is no particular claim
May 1, 2013: Tom Spahn on specially assembled facts may be protected work product
May 8, 2013: Tom Spahn - work product protection can be overcome
May 15, 2013: Tom Spahn on protection of
May 22, 2013: Tom Spahn on control group and Upjohn standards for corporate atty client privilege
May 29, 2013: Tom Spahn on the Sporck doctrine and work product protection

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-ETHICS@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

Co-Chairs:

Lieberman, David
Uzcategui, Jessica

Vice-Chairs:

Barton, Robert
Hernandez, Vanesa
Meister, Julia

Committee Roster  

Modified by Julia on October 16, 2014

Back to Top