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Defining the Client in Trusts and Estates: Ethical Duties, Conflicts, and Fiduciary Risk

Navigating ethical complexities in estate planning: client identification, conflicts management, confidentiality obligations, and fiduciary representation duties after death.

2026-02-27 13:00:00

Program Details

2026-02-27 13:00:00

Program Details

2026-02-27 13:00:00

Over 1,000+ webinars

2026-02-27 13:00:00

Course Overview

Navigating Ethics in Estate Planning Practice

2026-02-27 13:00:00

Participants will learn to identify clients, manage conflicts, and fulfill post-death obligations in trusts and estates work. These skills help attorneys avoid malpractice while serving clients and fiduciaries effectively.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Client Identity
Understanding who the client is and how they perceive themselves impacts representation.
02
Conflict Management
Identifying conflicts in family relationships and obtaining proper waivers protects all parties.
03
Confidentiality
Joint representation and family meetings create complexity around privilege requiring careful management.
04
Diminished Capacity
Attorneys must balance protective actions with maintaining normal client relationships when capacity diminishes.
05
Fiduciary Representation
Clarifying the capacity in which you represent clients prevents confusion about duties.
06
Post-Death Duties
Attorney obligations to clients continue after death, particularly regarding confidentiality of information.

Program schedule

clock 1:00 pm - 2:00 pm EST

Client Identity and Its Impact on Estate Planning

This session explores how attorneys must understand not just who the client legally is, but how clients perceive themselves and their objectives in estate planning matters. Topics include intake practices that define scope and roles, confidentiality in joint representation, conflict-of-interest management, and ethical challenges when representing married couples and blended families.

Timothy L. FortTimothy L. Fort
David F. JohnsonDavid F. Johnson
clock 2:10 pm - 3:10 pm EST

Ethical Duties in Probate and Fiduciary Representation

This session examines the complex ethical landscape of representing fiduciaries, including clear identification of who the client is and managing communications with beneficiaries and heirs. Attendees will learn about conflicts in contested probate matters, obligations when clients have diminished capacity, post-death confidentiality duties, and managing ethical exposure when attorneys serve as fiduciaries themselves.

Timothy L. FortTimothy L. Fort
David F. JohnsonDavid F. Johnson
Timothy L. Fort

Timothy L. Fort

Kelley School of Business, Indiana University

David F. Johnson

David F. Johnson

Winstead P.C

Timothy L. Fort

Timothy L. Fort

Kelley School of Business, Indiana University

Timothy L. Fort holds the Eveleigh Professorship in Business Ethics and is Professor of Business Law & Ethics at the Kelley School of Business at Indiana University. His research focuses on how ethical business conduct can create positive organizational cultures that foster sustainable peace.

Education & Credentials

BA and MA from the University of Notre Dame; PhD and JD from Northwestern University.

Recognition & Leadership

Received the 2022 Distinguished Career Faculty Award from the Academy of Legal Studies in Business. Nominated for the 2024 Nobel Peace Prize in 2023. Two books won the Best Book Award from the Academy of Management for Social Issues. Won twelve research awards from three academic associations. Won five teaching awards.

Professional Involvement

Co-chaired a task force on business and peace with the U.S. Institute of Peace. Helped develop a program with the U.S. State Department where MBA students served as pro bono consultants to entrepreneurs in conflict sensitive zones. Partnered with NGOs such as International Peace Through Tourism and Peace Through Commerce. Organized multiple conferences with faculty from the Jacobs School of Music and a film series with the IU Cinema.

Experience

Professor at the Kelley School of Business at Indiana University. Affiliated Faculty at the Kroc Institute of International Peace Studies at the University of Notre Dame. Has written one hundred articles/book reviews/book chapters along with twelve books and edited twenty-five books. Served on editorial boards of flagship journals for the Academy of Legal Studies in Business, Society for Business Ethics, and Academy of Management. Served as academic director for a program for NFL players. Co-taught a course with Federal Reserve Chair Ben Bernanke. Served as director of an institute, department chair, and interim associate dean. Coach/consultant for Alexandra, Countess of Fredriksborg on the Board of Directors of Ferring Pharmaceuticals. Taught at the University of Michigan from 1994-2005 and George Washington University from 2005-2013.
David F. Johnson

David F. Johnson

Winstead P.C

David F. Johnson maintains an active trial and appellate practice, specializing in fiduciary litigation matters including estate and trust disputes, will contests, mental competency issues, undue influence, trust modification/clarification, breach of fiduciary duty, and accountings.

Recognition & Leadership

Board certified in civil trial law, civil appellate, and personal injury trial law by the Texas Board of Legal Specialization; one of less than twenty attorneys in Texas with this triple certification; articles cited as authority by the Texas Supreme Court (twice), multiple Texas Courts of Appeals, a federal district court in Pennsylvania, and in various legal treatises and law reviews including McDonald and Carlson's Texas Civil Practice treatise, William v. Dorsaneo's Texas Litigation Guide, Baylor Law Review, St. Mary's Law Journal, South Texas Law Review, and Tennessee Law Review.

Professional Involvement

Member of the Civil Trial Law Commission of the Texas Board of Legal Specialization, which writes and grades the exam for new applicants for civil trial law certification.

Experience

Lead trial and appellate counsel in fiduciary litigation throughout his career; licensed and practiced in the U.S. Supreme Court, Fifth, Seventh, and Eleventh Federal Circuits, Federal District Courts for the Northern, Eastern, and Western Districts of Texas, Texas Supreme Court and various Texas intermediate appellate courts; previously taught Appellate Advocacy at Texas Wesleyan University School of Law; adjunct professor at Baylor University Law School teaching products liability and portions of health law; authored many legal articles and spoken at numerous legal education courses on trial and appellate issues; primary author of the Texas Fiduciary Litigator blog.
Timothy L. Fort

Timothy L. Fort

Kelley School of Business, Indiana University

Timothy L. Fort holds the Eveleigh Professorship in Business Ethics and is Professor of Business Law & Ethics at the Kelley School of Business at Indiana University. His research focuses on how ethical business conduct can create positive organizational cultures that foster sustainable peace.

Education & Credentials

BA and MA from the University of Notre Dame; PhD and JD from Northwestern University.

Recognition & Leadership

Received the 2022 Distinguished Career Faculty Award from the Academy of Legal Studies in Business. Nominated for the 2024 Nobel Peace Prize in 2023. Two books won the Best Book Award from the Academy of Management for Social Issues. Won twelve research awards from three academic associations. Won five teaching awards.

Professional Involvement

Co-chaired a task force on business and peace with the U.S. Institute of Peace. Helped develop a program with the U.S. State Department where MBA students served as pro bono consultants to entrepreneurs in conflict sensitive zones. Partnered with NGOs such as International Peace Through Tourism and Peace Through Commerce. Organized multiple conferences with faculty from the Jacobs School of Music and a film series with the IU Cinema.

Experience

Professor at the Kelley School of Business at Indiana University. Affiliated Faculty at the Kroc Institute of International Peace Studies at the University of Notre Dame. Has written one hundred articles/book reviews/book chapters along with twelve books and edited twenty-five books. Served on editorial boards of flagship journals for the Academy of Legal Studies in Business, Society for Business Ethics, and Academy of Management. Served as academic director for a program for NFL players. Co-taught a course with Federal Reserve Chair Ben Bernanke. Served as director of an institute, department chair, and interim associate dean. Coach/consultant for Alexandra, Countess of Fredriksborg on the Board of Directors of Ferring Pharmaceuticals. Taught at the University of Michigan from 1994-2005 and George Washington University from 2005-2013.
David F. Johnson

David F. Johnson

Winstead P.C

David F. Johnson maintains an active trial and appellate practice, specializing in fiduciary litigation matters including estate and trust disputes, will contests, mental competency issues, undue influence, trust modification/clarification, breach of fiduciary duty, and accountings.

Recognition & Leadership

Board certified in civil trial law, civil appellate, and personal injury trial law by the Texas Board of Legal Specialization; one of less than twenty attorneys in Texas with this triple certification; articles cited as authority by the Texas Supreme Court (twice), multiple Texas Courts of Appeals, a federal district court in Pennsylvania, and in various legal treatises and law reviews including McDonald and Carlson's Texas Civil Practice treatise, William v. Dorsaneo's Texas Litigation Guide, Baylor Law Review, St. Mary's Law Journal, South Texas Law Review, and Tennessee Law Review.

Professional Involvement

Member of the Civil Trial Law Commission of the Texas Board of Legal Specialization, which writes and grades the exam for new applicants for civil trial law certification.

Experience

Lead trial and appellate counsel in fiduciary litigation throughout his career; licensed and practiced in the U.S. Supreme Court, Fifth, Seventh, and Eleventh Federal Circuits, Federal District Courts for the Northern, Eastern, and Western Districts of Texas, Texas Supreme Court and various Texas intermediate appellate courts; previously taught Appellate Advocacy at Texas Wesleyan University School of Law; adjunct professor at Baylor University Law School teaching products liability and portions of health law; authored many legal articles and spoken at numerous legal education courses on trial and appellate issues; primary author of the Texas Fiduciary Litigator blog.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Approved
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Approved
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs