Step 1 of 5: Event Information

Case Interrupted: What to Do When Your Client Dies Trusts & Estates Section co-sponsored with CEB

11:30 AM - 1:15 PM
Registration Closes:
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.

Course Schedule

11:30-12:30 p.m. - MCLE

12:30-1:15 p.m. - Networking

Light snacks will be provided.

Mark Schmuck
2/20/2014 12:00 AM
Mark Schmuck is an attorney for the law firm of Temmerman, Cilley & Kohlmann, LLP, in San Jose, California, where his practice focuses on trust and estate litigation, including will and trust contests, fiduciary accounting and surcharge actions, trust litigation, contested and non-contested conservatorship appointments, elder abuse litigation, and probate and trust-related civil litigation, including disputed property claims, as well as related appeals. Mark has been listed as one of Northern California Super Lawyers' Rising Stars from 2009 through 2012. Mark received his BA in Political Science from the University of California at Berkeley in 1995 and his JD from the Santa Clara University School of Law in 1999.
Event Cost:
MCLE Plues Members
Trusts & Estates Section Members
ACBA Members
Legal Ethics
1 hr(s)