Although you hope that it never happens, clients do die unexpectedly during the course of litigation. In the event that a client dies, a multitude of issues arise, some quite complex. In this 1-hour Legal Ethics program designed for the general civil litigator, trusts and estates litigator Mark Schmuck from Temmerman, Cilley & Kohlmann, LLP, in San Jose, will take you step by step and inform you about what to do when your client dies unexpectedly. Mark will discuss what your ethical and legal responsibilities are as the attorney of record for a deceased client. And, because the death of a client triggers numerous other considerations, Mark will also discuss:
• Who is the client?
• Continuing obligations as counsel for a deceased client
• Privilege issues
• Statutes of limitation
• Substitutions of parties in the underlying litigation
• Who makes the decisions now?
• Procedural requirements in the underlying litigation
• Applicable provisions of the Rules of Professional Conduct, Code of Civil Procedure and Probate Code
• How does the attorney for a deceased client get paid?
This program assumes some experience in litigation.
11:30-12:30 p.m. - MCLE
12:30-1:15 p.m. - Networking
Light snacks will be provided.