Nov 19th, 2024

FKB’s Aaron M. Barham to Present CLE on Trusts and Estates Malpractice Risks


FKB’s Aaron M. Barham will be co-presenting a Continuing Legal Education (CLE) webinar titled “Increased Malpractice Risks for the Trusts and Estates Practitioner – Practical Considerations in Post-Schneider New York and France” on Thursday, November 21, 2024, at 12:45 PM. The event is sponsored by New York Law School’s Center for International Law and co-sponsored by the French American Bar Association.

Aaron’s presentation will cover the landmark Schneider v. Finmann decision, in which the NY Court of Appeals held that the personal representative of an estate has standing to bring a legal malpractice claim against the decedent’s estate planning attorney if the attorney’s alleged negligence diminishes the value of the estate. This decision carved out an exception to the general rule that third parties cannot bring malpractice claims against attorneys with whom they were not in privity, recognizing that the estate representative, stepping into the shoes of the decedent, can sue to rectify harm caused to the estate.

In addition to exploring the implications of Schneider, Aaron will provide practical strategies for navigating the increased malpractice risks in trusts and estates practice post-Schneider. The webinar will also compare malpractice risks in both U.S. and French estate systems, offering valuable insights for practitioners involved in both domestic and international estate matters. The session will include hypothetical scenarios drawn from real cases FKB has defended, providing attendees with actionable insights on minimizing liability and managing risk in this evolving legal landscape.

This session is recommended for trusts and estates attorneys, estate planners, and legal professionals seeking to minimize malpractice risks in their practice.

If you’re interested in attending, you can register for the CLE webinar here: https://www.nyls.edu/CILrsvp1.