ESTATE PLANNING COUNCIL OF ST. LOUIS

Date/Time: April 24, 2023 from 12-1:00pm.  
For those attending in person please pick-up CLE and CPE certificates at the registration desk. 

Location: MAC 405 Washington Avenue St. Louis MO 63102

To register for this session, go to www.epcstlouis.org and click the link for the session.

Topic: STL Practicing Scholars Series: Ethics Gone But Not Forgotten – Conflicts of Interest and Confidentiality Rules with Former Clients

Speakers:  Clary Redd, J.D. (Stinson); Kathy Sherby, J.D. (Bryan Cave); Michael Downey, J.D. (Downey Law Group) -- Moderator: Jason Thein, J.D.

About the presentation:
The panel will explore ethics issues involving conflicts of interest arising in post-death scenarios.  Specifically, conflicts may occur when an attorney jointly represents a married couple prior to death and then the survivor as beneficiary and fiduciary.  In addition, conflicts may arise when an attorney represents a client and then a beneficiary of the client’s estate in seeking post-death changes to the client’s estate plan.  The presenters will use fact patterns based on real-world cases to highlight relevant issues and rules relating to ethics. 

To register for this session, go to www.epcstlouis.org and click the link for the session.

CPA's - CPE Credit Note: In order to be awarded the full credits, you must be responding to three out of the four polling questions asked during the program on ZOOM.

Continuing Education

EPCSTL has requested approval for continuing education in the following areas: CTFA, CLE, CPE, CFP   One hour 1.0

CPE Information for CPAs

The sponsor assures that the program content and program level is appropriate for the intended participants.

Participants will: 

Learning Objectives:

The Participants will be able to do the following:

Describe the rules relating to duties to former clients as to conflicts of interest and confidentiality

Identify various common situations in which the rules relating to former clients are impacted

Prepare engagement letters addressing duties to former clients

Adhere to the rules relating to former clients in particular common estate planning representations.

The sponsor assures that the program content and program level is appropriate for the intended participants.

Participants will earn 1 CPE credit. 

Field of Study: Specialized Knowledge 

Additional Information:

Delivery Method: Group Live/Group Internet Based

Program Level: Basic

Pre-requisite: NONE 

Who should attend: This presentation is aimed at lawyers, accountants, trust officers and other estate planning professionals with a background in estate planning topics.

Refunds and Cancellations: All attendees are required to register in advance.  If you reserve and are unable to attend, please cancel your reservation at least 24 hours in advance of the meeting to receive a refund or a credit for a future meeting. For more information regarding refund, complaint, and/or program cancellation policies please contact our offices at 314-520-3564.

Estate Planning Council of St. Louis is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

National Registry of CPE Sponsors Number 109467

​CTFA

CTFA 1.25 CE credit 

CFP

Upon completion of this course, you should be able to:

Describe the rules relating to duties to former clients as to conflicts of interest and confidentiality.

Identify various common situations in which the rules relating to former clients are impacted.

Prepare engagement letters addressing duties to former clients.

Adhere to the rules relating to former clients in particular common estate planning representations.

Speaker bios: 

Michael P. Downey is a legal ethics lawyer and founder of Downey Law Group LLC, a Saint Louis law firm devoted to legal ethics, lawyer discipline defense, and the law of lawyering. Michael’s practice regularly involves representing lawyers, judges, and other professionals in litigation and discipline matters in Missouri and Illinois. Michael also serves as outside general counsel to more than 50 law firms, advising them on legal ethics, risk management, and related issues. He has submitted expert reports or testified in more than 40 proceedings.

In addition to his law practice, Michael has taught legal ethics at Washington University and St. Louis University School of Law and serves on the Missouri Bar Board of Governors. He chaired the ABA Law Practice Division and the ISBA Standing Committee on Professional Conduct, and is a past member of the ABA Standing Committee on Professional Regulation. Michael has presented more than 650 times and published more than 180 articles on legal ethics.

Michael graduated with honors from Georgetown University and first in his class from Washington University School of Law. After clerking for the Hon. Pasco Bowman, then Chief Judge of the U.S. Court of Appeals for the Eighth Circuit, Michael entered private practice in 1999, practicing at firms with between 10 and 450 lawyers before starting his own two-lawyer firm in 2015.

Michael has received numerous professional recognitions, including being named a “Best Lawyer in America” and Super Lawyer “Top 50 Attorney in St. Louis.” In 2014, Missouri Lawyers Weekly named Michael a “Most Influential Lawyer” as the “go-to legal ethics lawyer in Missouri.”

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Charles A. Redd is a partner in the St. Louis, Missouri, office of the law firm of Stinson LLP.  Mr. Redd concentrates his practice in estate planning, estate and trust administration and estate and trust-related litigation.  Prior to joining Stinson, Mr. Redd was a partner in and Vice Chairman of the Trusts & Estates Practice Group at the law firm of SNR Denton US LLP (now Dentons US LLP).  Mr. Redd was also previously a partner in the law firm of Armstrong, Teasdale, Schlafly & Davis (now Armstrong Teasdale LLP) and was Chairman of that firm’s Trusts & Estates Department.  He was previously employed as a Trust Administrator by First Wisconsin Trust Company (now U.S. Bank, N.A.), Milwaukee, Wisconsin, and as an Assistant Counsel by Centerre Trust Company of St. Louis (now Bank of America Private Bank).

Mr. Redd has extensive experience and expertise in: (a) the drafting of wills, trust instruments, durable powers of attorney, marital agreements and other estate planning documents; (b) pre- and post-death tax planning for individuals, trusts and estates; (c) preparation and filing of estate tax returns, gift tax returns and fiduciary income tax returns; (d) representation and filing of estate tax returns, gift tax returns and fiduciary income tax returns; (e) representation of individual and corporate fiduciaries and (f) litigation in the Probate Division and other equity divisions of the Circuit Court.  Mr. Redd has worked on estates and estate planning projects, some involving assets valued at over a billion dollars, and has successfully handled numerous estate tax, gift tax and generation-skipping transfer tax matters, will and trust construction cases, will contests, contests of trust agreements, alleged breach of fiduciary duty cases, contested claims and other types of cases involving estates and trusts.

Mr. Redd is a member of the State Bar of Wisconsin, The Missouri Bar, the Illinois State Bar Association, The Bar Association of Metropolitan St. Louis and the Estate Planning Council of St. Louis.

Mr. Redd was Chairman of the Missouri Bar’s Health Care Durable Power of Attorney Subcommittee, and he played a significant role in the drafting and enactment of the Missouri Durable Power of Attorney for Health Care Act.  In 1991, Mr. Redd received The Missouri Bar President’s Award.  More recently, he was the principal draftsman of the Missouri Family Trust Company Act.

Mr. Redd is an elected member of The American Law Institute and a Fellow of The American College of Trust and Estate Counsel (Past Missouri State Chair; Past Regent; Estate and Gift Tax Committee; and Fiduciary Litigation Committee).  He was an adjunct professor of law (Estate Planning) at Northwestern University School of Law for fifteen years.  He serves as a member of the Advisory Committee for the Heckerling Institute on Estate Planning and is Co-Chair of the Editorial Advisory Board of, and writes a regular column in, Trusts & Estates magazine.  In 2018, he was inducted into the Estate Planning Hall of Fame® by the National Association of Estate Planners and Councils.  Mr. Redd is listed in The Best Lawyers in America and is “Band 1” ranked by Chambers and Partners in their High Net Worth guide.  He frequently writes and lectures nationally on topics in the trusts and estates field.

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Kathleen Sherby is senior counsel in the Private Client Group and a member of the Fiduciary Litigation Team. Ms. Sherby's practice involves representation of private individuals in all aspects of wealth transfer planning, including the implementation of sophisticated planning techniques involving grantor retained annuity trusts, family limited partnerships/limited liability companies, charitable remainder trusts, charitable lead trusts and other similar wealth transfer techniques. A particular focus of her practice is estate planning for retirement benefits, integrating the planning for minimization of transfer tax and income tax with the required minimum distribution rules.

Ms. Sherby has represented both trustees and beneficiaries on a wide variety of fiduciary issues and has advised trustees over the years as to their fiduciary duties in administering trusts. As a member of the fiduciary litigation team, she regularly represents trustees and beneficiaries in court controversies involving a variety of issues relating to the administration of trusts and estates. In addition, Ms. Sherby has represented the taxpayer in estate and gift tax audits, in U.S. District Court, the U.S. Tax Court, and in the Missouri Supreme Court.

An active participant in the estate planning bar, Ms. Sherby is a Fellow of the American College of Trust and Estate Counsel. She is a Past President and a Regent Emeritus of the College and has served as chair of the Employee Benefits in Estate Planning Committee, chair of the Heart of America Region, as chair of the Strategic Planning Committee, and as Missouri State Chair. She has also served as chair of the Probate and Trust Committee of the Missouri Bar, as chair of the Probate Section of the Bar Association of Metropolitan St. Louis and as president of the Estate Planning Council of St. Louis.

Ms. Sherby was inducted into the National Association of Estate Planning Councils Hall of Fame in 2022, and was inducted into the St. Louis University School of Law Hall of Fame in 2019. She is ranked in Band 1 in USA Chambers High Net Worth Guide. She is listed in The Best Lawyers in America© (St. Louis Lawyer of the Year for Fiduciary Litigation in 2016 and for Trusts and Estates in 2015), Martindale-Hubbell® Bar Register of Preeminent Women Lawyers™, Who’s Who Legal: Private Client, Who’s Who in American Law, Who’s Who of American Women, Who’s Who in the Midwest, Madison’s Who’s Who, and Missouri & Kansas Super Lawyers (top 50 female lawyers in Missouri, top 100 lawyers in Missouri) Ms. Sherby is also active in the community and is currently serving on the Board of Trustees of the St. Louis Science Center. She is also serving on the Board of Directors of the American College of Trust and Estate Counsel Foundation, where she is currently serving as the Treasurer. She has served on the Board of Directors of Care and Counseling, the American Red Cross St. Louis Chapter, the St. Louis Forum and the Junior League of St. Louis.

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Jason P. Thein - After spending over 25 years in private practice, including over 20 years in the Private Client Practice Area at Thompson Coburn LLP, Jason now works for a St. Louis-based family.  He assists and represents family members and numerous family entities on a wide variety of estate planning, commercial, tax, civic, and charitable endeavors in both a business and legal capacity.