Avoiding Attorney Liability When Representing a Fiduciary

Suzanne L. Shier (Chapman and Cutler LLP, Chicago, Illinois) has published her article, Avoiding Attorney Liability When Representing a Fiduciary, in the May 2007 edition of Estate Planning.

Here is the introduction:

Trustees and other fiduciaries undertake a multitude of duties in the administration of trust estates, and it is the role of counsel for the fiduciary to advise and assist the fiduciary in fulfilling its duties. When a breach of trust is asserted against a fiduciary, counsel for the fiduciary is called upon to defend the fiduciary. This is all familiar territory for counsel engaging in the representation of fiduciary clients. However, the situation changes dramatically when a be3neficiary alleges that the attorney representing the fiduciary has participated in the breach of trust of a fiduciary client or was negligent in the performance of fiduciary legal services. In those cases, the attorney faces the specter of personal liability tot eh beneficiary. Thus. A lawyer representing a fiduciary is well-advised to understand clearly not only the duties of the fiduciary client, but also his own responsibilities in such representation.