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Event 07 Sep. 2021
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News 22 May. 2018
The New York State Bar Association will feature “Rachal v. Reitz and the Evolution of the Enforceability of Arbitration Clauses in Estate Planning Documents,” an article co-authored by Curtis attorneys Nancy E. Delaney and Michael S. Schwartz and former Curtis attorney Jonathan C. Byer, in an upcoming Continuing Legal Education seminar.
The article, originally published in the November/December 2013 edition the American Bar Association’s Probate & Property, examines the “fiduciary exception” to the attorney-client privilege that allows beneficiaries and successor fiduciaries access to otherwise privileged communications between a fiduciary and his or her attorney. The article analyzes the various approaches courts in multiple jurisdictions have taken both in support of and against imposing a fiduciary exception. Using these rationales as a guide, the article provides suggestions to both fiduciaries and their counsel to help ensure that communications between the two parties remain privileged to the fullest extent possible under applicable law.
The CLE program, entitled “Advantages of Mediation in Resolving Wills, Trusts, Estates and Adult Guardianship Matters,” will take place at Pace University School of Law on June 14, 2018.
This is not the first time that Ms. Delaney and Mr. Schwartz’s article has been reprinted for use by the NYSBA, having been featured most recently in a 2017 program at New York Law School.
Trusts and Estates
Nancy E. Delaney
Michael S. Schwartz