Lindsey S. Mignano moderated a Bar Association of San Francisco panel entitled "Succession Planning: Considerations in Estate Planning, Employment & Ethics" with panelists Bryan Kirk, the Director of Financial and Estate Planning at Fiduciary Trust Company International, Adam Koss of KOSS FIRM, and Katherine Zarate Dulany of Zarate Dulany Law. Panelists discussed ownership rules for professional corporations and law firm partnerships (CA Rule 5.4 and CA Rules of Professional Conduct Rule 3.157); issues with transferring law firm shares or partnership interests into a trust to avoid probate; whether a retiring “Of Counsel” can be properly classified as an independent contractor under AB5 in California; implications for “fee sharing” with retiring “Of Counsel” under Rule 1.5.1; and competency concerns arising from an untimely death.
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