Haute Lawyer Member John F. Lang recently started his own blog to approach relevant issues and hot topics in his industry and to discuss his personal practice. Here’s an excerpt from his first topic, “Trust and Probate Litigation Avoidance: The Collaborative Approach.”
“The Collaborative Approach“
“One method of minimizing later conflict is to adopt a collaborative approach to inheritance litigation avoidance. This calls for a multidisciplinary collaborative approach calibrated to the magnitude of the assets involved. Which disciplines should be called upon will depend upon the particular family situation. Valuable contributions may be made by business advisers with expertise in family businesses, wealth managers, psychologists and social workers, eldercare professionals, and highly experienced litigators who can recognize danger signs and propose solutions.”
“Working as a team with the estate planning professional a “threat assessment” can be made, trouble spots identified, and creative solutions devised. In some instances this interdisciplinary team may be most effective working with and through the estate planner. In other instances some or all members of the team may be called upon to work directly with the potential or actual disputants. It may sometimes be helpful if the group, including counsel, pledges no involvement in any subsequent litigation if agreement cannot be reached.”
Click here to view the rest of the article. Be sure to check out John F. Lang’s Haute Lawyer Profile as well.