ALI-ABA Audio Seminar

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1 ALI-ABA Audio Seminar Estate Planning In the Face of Litigation: Current Dilemmas and Malpractice Traps August 13, 2008 Telephone Seminar/Audio Webcast PROGRAM SCHEDULE FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS TABLE OF CONTENTS 1. Bombproofing the Estate Plan to Anticipate and Avoid Litigation By Bruce S. Ross and Bruce Stone 2. Legal Malpractice and Ethical Considerations in Estate Planning and Administration By Bruce S. Ross 3. Litigating the Total Return Trust By Margaret E. W. Sager 4. How Not To Get Sued (Additional Materials) By Bruce S. Ross Page ix 5. Folstein Mini Mental Status Exam (Additional Materials) 143 xi xiii vii

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3 PROGRAM SCHEDULE for August 13, 2008 Program Schedule Eastern Central Mountain Pacific/Arizona Alaska Hawaii Program Begins 12:00 noon 11:00 a.m. 10:00 a.m. 9:00 a.m. 8:00 a.m. 6:00 a.m. Adjournment 1:30 p.m. 12:30 noon 11:30 a.m. 10:30 a.m. 9:30 a.m. 7:30 a.m. Program (All Times Eastern Daylight) 12:00 p.m. Program Begins. Drafting to Minimize Post-mortem Disputes Protecting the integrity of the document (avoiding or winning will and trust contests) Providing good guidance to fiduciaries (Avoiding or minimizing surcharge litigation) Minimizing the Lawyers' Risk of Malpractice Claims Questions and Answers 1:30 p.m. Program Ends. Scope and Purpose: While estate planners highest career aspirations include structuring documents to avoid litigation alas, where family members and money are concerned, lawsuits do crop up. This seminar provides an overview of litigation issues of current concern to those who represent settlors, testators, fiduciaries, etc. Experienced estate planners who also litigate contested issues from coast to coast provide practical advice on handling thorny estate planning disagreements on matters such as conflicts of interest, prudent trust management, and malpractice avoidance. There are real malpractice traps here for the unwary planner and litigator. Don t miss this insightful, convenient, and interactive seminar. Participants may with questions to be answered during the presentation as time permits. Suggested Prerequisite: At least two or three years of estate planning or civil litigation experience. Educational Objectives: Information designed to keep practitioners current in their field of practice; Instruction for the purpose of helping lawyers avoid malpractice and maintain competence. Level of Instruction: Intermediate Total 60-minute hours of instruction: 1.0. Total 50-minute hours: 1.8. ix

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5 Estate Planning in the Face of Litigation: Current Dilemmas and Malpractice Traps Live Telephone and Webcast Seminar Wednesday August 13, :00 p.m. to 1:30 p.m. EDT PLANNER & MODERATOR Bruce S. Ross, Esquire Holland + Knight 633 West Fifth Street 21st Floor Los Angeles, CA FACULTY Robert W. Lang, Esquire Holland + Knight 100 North Tampa Street Suite 4100 Tampa, FL Margaret E. W. Sager, Esquire Heckscher, Teillon, Terrill & Sager, P.C. 100 Four Falls Suite 300 West Conshohocken, PA xi

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7 FACULTY BIOGRAPHIES Estate Planning in the Face of Litigation: Current Dilemmas and Malpractice Traps Live Telephone Seminar & Webcast Wednesday, August 13, 2008 (TSPB02) 12:00 p.m. 1:30 pm. EDT Bruce S. Ross is a partner with the Los Angeles office of Holland + Knight. Mr. Ross is a nationally recognized trial lawyer with over 30 years experience litigating trust, estate, and conservatorship matters. Mr. Ross and Charlie Gibbs (New York) co-chair the firm's national Trusts and Estates Litigation Team. Mr. Ross has appeared pro hac vice in several states to handle such litigation and has consulted with colleagues overseas on cases involving international succession matters, including, in particular, Switzerland, Israel and Australia. He is a Certified Specialist in Estate Planning, Trust and Probate Law (California Board of Legal Specialization). Mr. Ross is a consultant to, and expert witness for, plaintiffs and defense attorneys, accountants, and malpractice insurance carriers in the areas of estate planning, probate, fiduciary litigation, and professional responsibility. He has received a number of honors and awards over the course of his career, including: Best Lawyers in America, 2008 Trusts and Estates; Best Lawyers in America, Listed for more than a decade; Chambers USA - Ranked #1 in Wealth Management: Western Region National; Southern California Super Lawyer; Top 100 Attorney, Worth Magazine, Mr. Ross obtained his law degree at the University of California, Berkeley Boalt Hall School of Law. ROBERT W. Bob LANG is an associate of Holland + Knight in Tampa and a member of the firm s Private Wealth Services Section. His primary area of practice is focused on fiduciary litigation involving matters affecting trusts and estates. Mr. Lang has experience in and deals with general litigation matters as well. Prior to joining Holland & Knight, Mr. Lang served as an assistant state attorney for the Sixth Judicial Circuit of Florida. He also was a partner with a St. Petersburg law firm, during which time he obtained extensive jury and non-jury trial experience in both civil and criminal matters. xiii

8 Mr. Lang received his law degree from Stetson University College of Law, where he was a member of the National Champion Mock Trial Team and has served as an instructor for the trial team at Stetson, leading the team to multiple trial competitions. MARGARET E.W. SAGER is a partner with the West Conshohocken, Pennsylvania firm of Heckscher, Teillon, Terrill & Sager and practices in the areas of estate planning, estate administration, trusts, charitable planning, and fiduciary litigation. Ms. Sager graduated from the University of Richmond summa cum laude and Phi Beta Kappa in 1982 and from the University of Virginia School of Law in She was an associate in the Trust and Estate Department of Duane, Morris & Heckscher from 1985 until A Fellow of the American College of Trust and Estate Counsel, Margaret chaired the Probate and Trust Law Section of the Philadelphia Bar Association in She also served as chair of the Section's Rules and Practice Committee from 1992 through Ms. Sager received her law degree from the University of Virginia School of Law. xiv

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