This CLE course explores the unique and often complex ethical, professional liability, and risk management challenges that estate, probate, and trust attorneys face. As the legal landscape evolves and generational wealth transfers increase, practitioners must navigate heightened scrutiny, potential conflicts of interest, third-party claims, and confidentiality issues. Through hypotheticals and real-world case studies, faculty will provide actionable guidance on avoiding malpractice pitfalls, managing competing interests, and effectively documenting representation to minimize liability. This course is essential for attorneys practicing in estate planning, probate litigation, or fiduciary roles.
Learning Objectives:
1. Identify and manage common sources of conflict of interest in estate and trust representation.
2. Evaluate the evolving legal standards regarding third-party claims and privity erosion.
3. Apply best practices for maintaining confidentiality and managing client files after death.
4. Recognize risk factors that increase the likelihood of malpractice claims in estate practice.
5. Implement documentation strategies to defend against undue influence, drafting errors, and disinheritance claims.
Noah Fiedler is a shareholder at Barron & Newburger, P.C., where he serves as a co-leader of the Attorney Risk Management Practice Group and heads the firm’s Wisconsin office. He specializes in assisting lawyers and law firms, providing guidance on best practices to prevent issues and representing clients against claims.