The Beginning, the Middle and the End: Thorny ethical dilemmas in dealing with estate and trust clients throughout the life cycle of an engagement” – Part 2 Presented by Probate and Estate Planning (PEP) Section and Co-sponsored by HSBA (RECORDED)
This program is a recording of the Live Seminar held on July 18, 2023.
If you attended the live seminar and received credit, then you cannot claim credit for watching this recorded program.
Summary:
In undertaking to represent a client or prospective client, an estate planning lawyer often encounters thorny legal ethics questions about whether she can or cannot represent a particular client or prospective client because of what may seem like a potential conflict of interest. Or, worse yet, he may not even realize that an ethical problem exists.
Through the use of interesting estate-planning hypotheticals, this seminar will endeavor to show you how the ethical conflicts rules work in real time and remind you how you can avoid or answer the ethical dilemmas.
Speakers:
James A. Kawachika, Esq., Counsel, Deeley King Pang & Van Etten
James A. Kawachika is counsel to the law firm of Deeley King Pang & Van Ettten LLLP, where his practice includes advising lawyers and law firms on legal ethics and professional responsibility matters and represents lawyers in disciplinary proceedings and bar admission and reinstatement cases. He also serves as an expert witness in legal ethics.
Mr. Kawachika is a past president of the Hawaii State Bar Association and a former chair of the Disciplinary Board of the Hawaii Supreme Court. He is a past president and a board member of the Hawaii Justice Foundation and a past chair of the Hawaii Judicial Selection Commission. By appointment of the Hawaii Supreme Court, Mr. Kawachika currently chairs the Hawaii Commission on Judicial Conduct, which investigates judicial misconduct complaints and advises judges on judicial ethics issues.
Mr. Kawachika has also served on the board of directors of the Legal Aid Society of Hawaii and the American Judicature Society. He has been appointed by four separate American Bar Association presidents to the editorial board of the ABA/BNA Lawyers’ Manual on Professional Conduct, the Standing Committee on Ethics and Professional Responsibility, and the Standing Committee on Professional Discipline. Mr. Kawachika also represented Hawaii in the ABA House of Delegates for 17 years. He has also taught legal ethics and professional responsibility at the William S. Richardson School of Law at the University of Hawaii.
Mr. Kawachika received his B.A. degree from the University of Hawaii and earned his law degree from the University of California at Berkeley. He is a member of the Hawaii State Bar Association, American Bar Association, and the ABA Center for Professional Responsibility. He is AV Preeminent-rated by the Martindale-Hubbell Law Directory and is listed in The Best Lawyers in America by Woodard/White, Inc. and the Best Lawyers in Hawaii by Honolulu Magazine in the areas of commercial litigation, estates and trusts litigation, and professional malpractice law.
In 2011, Mr. Kawachika received the C. Frederick Schutte Award for outstanding and meritorious service to the legal community and the profession. In 2012, he was awarded the Hawaii Justice Foundation’s Spirit of Justice Award for his contribution to the access to justice.
Mr. Kawachika is a contributing author of the newest edition of the Annotated Standards for Imposing Lawyer Sanctions (2d ed. 2019) , a publication of the ABA Center for Professional Responsibility. The Standards is used by most. states, including Hawaii, as a guideline in assessing and determining the appropriate sanction to be applied in a lawyer disciplinary proceeding.
Bradley R. Tamm, Esq., Chief Disciplinary Counsel, Office of Disciplinary Counsel
Bradley R. Tamm, Chief Disciplinary Counsel to the Hawaii Supreme Court: Administrator of its Lawyers' Fund for Client Protection; and RSCH Rule 2.20 Trustee Administrator (deceased, disbarred, disappeared or disabled attorneys). Previously served as attorney member of the Disciplinary Board (2006-2012) and its outside general Counsel (2018-2018).
Mr. Tamm's private practice was generally limited to federal bankruptcy law. A 1991 graduate of Thomas Jefferson School of Law in San Diego, Ca., is admitted in Hawaii and California (inactive); U.S. Supreme Court, 9th Circuit, U.S. District Courts in Hawaii and California, as well as the U.S. Court of International Trade and U.S. Tax Court.
Prior to his legal career, Mr. Tamm served in the military (U.S. Army 1969-1979, and U.S. Navy 1979-1989), attaining the rank of Chief, Aviation Anti-Submarine Warfare Technician (E-7).
Credit: This seminar qualifies for 1 CLE Ethics Credit.
Cost: $60
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This seminar will be available in your classroom to view for 1 year from the date of purchase OR until July 18, 2025 which ever comes sooner.
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Questions? Please contact HSBA CLE Department at 537-1868 or [email protected].