Wills, Trusts, & Estate Planning, Professional Malpractice

The Trust Being a Multi-Party Relationship, Whom Legal Counsel Represents Can Get Complicated

by Charles E. Rounds, Jr. on 5/1/2013

The trust being a multi-party relationship, it is not always that easy to discern at any given time whom legal counsel is representing, or should be representing, in matters relating to the trust’s creation and...more

Illinois Supreme Court to Hear Five Civil Cases In May

by Kirk Jenkins | Sedgwick LLP on 4/26/2013

On Tuesday, the Illinois Supreme Court announced its oral argument calendar for the May term, and it includes arguments in five civil cases. The cases, with the questions presented in each, are...more

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

by Deborah Minkoff, Abby Sher | Cozen O'Connor on 2/7/2013

In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more

Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing.

by Charles E. Rounds, Jr. on 1/1/2013

An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more

IRS 6050W: Implications for Attorneys and Others Who Accept Credit Cards

by Lawrence McElroen on 9/19/2012

This is a good analysis of the implications of IRS 6050W for attorneys and others who accept credit card payments; kudos to Lawpay.com for the analysis!...more

Does a trust beneficiary incur any personal liability?

by Charles E. Rounds, Jr. on 7/1/2012

As a general rule, one assumes no personal liability when one becomes a trust beneficiary. There are some exceptions, however. Charles E. Rounds, Jr. explains in Section 5.6 of Loring and Rounds: A Trustee’s Handbook (2012)....more

Oliveira v. Kiesler: Attorneys and Non-Attorneys May Be Joint Tortfeasors For Purposes of Offsetting Judgment After Good Faith...

by Sedgwick LLP on 6/22/2012

The California Court of Appeal (Fourth Appellate District, Division 3) recently held that an attorney can be a joint tortfeasor with his or her client for purposes of California Code of Civil Procedure section 877. The...more

Shifren v. Spiro: Legal Malpractice Statute of Limitations Does Not Begin to Run Until Judgment or Settlement of Underlying Case...

by Sedgwick LLP on 6/13/2012

The California Court of Appeal (Second Appellate District, Division 3) reversed a trial court’s grant of summary judgment in favor of a defendant law firm after concluding that the action was not time-barred by the running of...more

Mediation and Arbitration have their limitations when it comes to trust disputes.

by Charles E. Rounds, Jr. on 4/1/2012

Unless the fiduciary issues and the representation issues in a trust dispute are properly sorted out in advance, there is a very real risk that an ill-considered rush to mediate or arbitrate will prove an expensive and...more

Could the Myriad Codifications of Aspects of the Law of Trusts Culminating with the Uniform Trust Code (2000) Be Doing More Harm...

by Charles E. Rounds, Jr. on 1/1/2012

Though the trust is a judge-made creature of equity, the last eighty years have seen numerous rounds of uniform legislation codifying various aspects of the law of trusts, beginning with the Uniform Principal and Income Act...more

The Expenditure of Attorney Fees to Remove a Conservator Does Not, on its Own, Constitute Financial Elder Abuse

by Sedgwick LLP on 11/7/2011

The California Court of Appeal (Second Appellate District, Division Seven), in an unpublished decision, recently upheld a trial court order sustaining a demurrer to a cause of action for financial elder abuse. The complaint...more

LAW SCHOOLS NO LONGER ADEQUATELY EQUIP THEIR STUDENTS TO THINK LIKE LAWYERS: THE UNINTENDED CONSEQUENCES OF DECONTEXTUALIZING...

by Charles E. Rounds, Jr. on 11/1/2011

The process of paralegalizing the American legal academy is now complete. It was inevitable. A course in Contracts does not a complete lawyer make. The curricular marginalization of two of the other critical enforceable...more

Asset Protection and The Title To Your Home - Common Mistakes

by IKE DEVJI on 9/6/2011

A good part of the American dream and the largest single asset many people own is their home. Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is among the largest in the...more

Asset Protection FOR CPAs

by IKE DEVJI on 8/1/2011

One pressing area in which clients are increasingly seeking feedback from their accounting and financial advisory team is Asset Protection. Part of that stewardship is making sure that the growth and savings you are...more

Asset Protection Basics For Accountants

by IKE DEVJI on 7/26/2011

One pressing area in which clients are increasingly seeking feedback from their accounting and financial advisory team is Asset Protection. Part of that stewardship is making sure that the growth and savings you are...more

In-House Law Clinics versus Doctrinal Instruction

by Charles E. Rounds, Jr. on 6/30/2011

It is the conventional wisdom among today’s academics that law students are better off participating in clinical programs administered in-house by the law schools than taking traditional courses in agency and trust law....more

How to Pick an Asset Protection Lawyer - Due Dilligence Questions

by IKE DEVJI on 6/10/2011

Article with key due diligence questions to help consumers and their advisors determine exactly who and what an Asset Protection planner is, how to avoid amateurs and common mistakes and how to pick the best help in a complex...more

New California Estate-Trust Case Recovery Of Attorneys' Fees After Settlement Martinez v. LA Metro Trans

by David Tate on 6/9/2011

New California estate-trust case summary regarding the recovery of attorneys' fees after a statutory section 998 settlement offer, Martinez v. LA Metro Transportation....more

Nonprofit Board Standard of Care, Risk Management, and Audit Committee Responsibilities Updated 05/19/2011

by David Tate on 5/19/2011

A detailed paper updated May 19, 2011 discussing nonprofit board standard of care, risk management, and audit committee responsbilities, including the California Nonprofit Integrity Act....more

Physicians as Investment Fraud Targets

by IKE DEVJI on 2/15/2011

In uncertain times people derive a false sense of comfort doing in business with a personal or social contact or a member of their own religious or ethnic community. That comfort level is unfortunately replacing required...more

Hall v. Kalfayan: Estate Attorney Owes No Duty to Non-Client, Potential Beneficiary When Testamentary Instrument Has Not Been...

by Sedgwick LLP on 12/11/2010

There have been a number of decisions addressing the issue of when it is that an estate-planning attorney owes a duty of care to a non-client in connection with the drafting of a testamentary instrument. In Hall v. Kalfayan,...more

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Wills, Trusts, & Estate Planning › Professional Malpractice