Ethics Committee (Trusts & Estates Law)

The focus of the Committee on Practice and Ethics is to address issues affecting the practice of Trusts and Estates law in New York State, as well as matters of ethics affecting or applying to them. Currently active projects include (1) a review of materials created by the Special Committee on Law and Practice Continuity (providing practice pointers to sole practitioners to ensure the protection of their clients’ interests in the event of the lawyer’s death or disability), to add materials specific to our practice area to the website being created in connection with that project; (2) review of engagement letters, to create sample forms of particular relevance to Trusts and Estates lawyers; and (3) updating of a chapter in the NYSBA publication on Estate Planning and Will drafting entitled “Practice Development and Ethical Issues.” Last year the Chair of the Committee, participating in the Special Committee on Law Practice Continuity (with input from committee members), helped to create a publication called “Planning Ahead: Establish and Advance Exit Plan to Protect Your Clients’ Interests in the Event of your Disability, Retirement or Death” and a “Guide for Caretaker Attorneys Appointed to Protect Clients’ Interests in the Event of the Untimely Absence from Practice of a Sole Practitioner.” Earlier this year, a proposed OCA rule change written by the Special Committee and approved by the Executive Committee of the NYSBA was submitted to OCA for its consideration, which would create mechanisms for appointment of caretaker attorneys, where needed. In the meantime, our committee, and similar committees in other practice sections, will focus on creating practice-specific guides, which will be included when these materials become part of the NYSBA website.

Section Committee Co-Chairpersons

Lori A. Sullivan- sullivan@sewkis.com; and Dennis Wiley- dennis.wiley@rivkin.com