NbI 2014 - Probate Process from Start to Finish, Maintaining an Ethical Balance in Probate Practice
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THE PROBATE PROCESS FROM START TO FINISH MAINTAINING AN ETHICAL BALANCE IN PROBATE PRACTICE HOWARD H. COLLENS, ESQ JUNE 3, 2014
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Learn everything you need to know about the probate process from start to finish! Some key points include: Identifying the Client Avoiding Conflicts of Interest Distinguishing Between Privileged and Non-Privileged Communication Establishing Reasonable Attorney Fees
Transcript of NbI 2014 - Probate Process from Start to Finish, Maintaining an Ethical Balance in Probate Practice
THE PROBATE PROCESS FROM START TO FINISH
MAINTAINING AN ETHICAL BALANCE IN PROBATE PRACTICE
HOWARD H. COLLENS, ESQ
JUNE 3, 2014
I. Performing Competent Legal Service
II. Identify the Client
III. Avoiding Conflicts of Interest
IV. Distinguishing Between Privileged and Non-Privileged Communication
V. Establishing Reasonable Attorney Fees
Performing Competent Legal Services
Competent Representation
•MRPC 1.1
•Adequate preparation
•Michigan legal education requirements
•Meet with a mentor
Questions???
Identifying the Client
Who is the Client?
•RI-350 is the latest statement
•Status Uncertain
•Case Law
•Representation of Fiduciary
•Clear engagement letter
Questions???
Avoiding Conflicts of Interest
Avoiding Conflicts
•MRPC 1.7
•Representation of multiple clients in a single matter
•Representation of co-personal representatives, the “family”
•RI-350
Questions???
Distinguishing Between Privileged and Non-Privileged Communication
Confidentiality of Information
Rule 1.6
•A fundamental principle in client-lawyer relationship is that the lawyer maintain confidentiality of information relating to the representation
Confidentiality
• Ethics opinion RI-85
• Attorney-client privilegei. Laws of evidenceii. Will contests
• Unintended waiver of attorney-client privilege
• Ethics Opinion RI-123
Confidentiality
• Privilege held by client
• Joint representation
Questions???
Establishing Reasonable Attorneys’ Fees
Establishing Attorneys’ Fees
• Representation agreement
• Statutory Standarda) Authority of Personal Representativeb) Review of Attorney Fees
• MCL 700.3721
• Claimant bears burden of proof for attorney fees
Establishing Attorneys’ Fees
• MCR 5.313 governs attorney fees
• Eight (8) factors to consider in determining reasonableness of fees
• Maintain records
• Notice regarding attorney fees, Form (PC 576)
• Interim petition for fees
Questions???
Thank you!
Howard H. CollensGalloway and Collens, PLLC
26075 Woodward Ave, Suite 200Huntington Woods, Michigan 48070
248.545.2500GallowayCollens.com
[email protected]: @howardcollens
