Ethical Issues in Trusts and Estates Practice: A Surrogate’s Court Litigator’s Perspective for NY Attorneys

Irma Nimetz | McCarthy Fingar LLP

Irma Nimetz is a partner in the law firm of McCarthy Fingar LLP, where she specializes in litigation. She is a member of McCarthy Fingar LLP’s Appellate Practice, Commercial Litigation, Surrogate’s Court Litigation and Trusts & Estates groups. In Surrogate’s Court, Irma represents fiduciaries (executors, trustees and guardians) and actual or prospective beneficiaries of estates and trusts in a variety of contested proceedings, including, but not limited to, Will & Trust Contests; Property Turnover Proceedings; Fiduciary Removal Proceedings; Contested Accountings; Spousal Rights Proceedings; Kinship Proceedings; and Will or Trust Construction Proceedings.

Prior to joining McCarthy Fingar LLP, Irma was an attorney with the New York State Attorney General’s Office, where she received the Louis J. Lefkowitz Memorial Award for outstanding performance by an Assistant Attorney General. Irma has experience handling governmental investigations against individuals, businesses and not-for-profit organizations, as well as defending actions and Article 78 proceedings brought against the State of New York and its agencies. Irma also has experience as a New York litigator with the Manhattan offices of two global law firms, Winston & Strawn LLP and Fulbright & Jaworski LLP (now Norton Rose Fulbright US LLP), where she handled all aspects of commercial litigation.

Irma is a frequent lecturer to community and professional groups on topics concerning Surrogate’s Court litigation, trusts and estates, ethical issues confronting trusts and internet safety.

Irma has been recognized as a New York Super Lawyer in the areas of Estate & Trust Litigation, Estate Planning & Probate and General Litigation.

Irma graduated magna cum laude from Duke University in 1984 and from Cornell Law School in 1987. She is admitted to practice law in the State of New York, State of New Jersey, and the District of Columbia, and in the Southern and Eastern District Courts of New York.

She is a member of the New York State Bar Association (Trusts and Estates and Elder Law and Special Needs Sections) and a Vice-Chair of the Estate Litigation Committee of the New York State Bar Association, a member of the House of Delegates of the New York State Bar Association, a member of the Board of Directors of the White Plains Bar Association, and a member of the Westchester County Bar Association (Executive Committee, Trusts and Estates Section), and the Westchester Women’s Bar Association.

You can contact Irma at [email protected] or at (914) 385-1029.

I. Rules of Professional Conduct | 12:00pm – 12:10pm

II. Will and Trusts Contests | 12:10pm – 12:20pm

III. Engagement Letters | 12:20pm – 12:30pm

IV. Attorney-Client Privilege Issues | 12:30pm – 12:40pm

V. The Advocate-Witness Rule | 12:40pm – 12:50pm

VI. Surrogate’s Court Litigation Scenarios Concerning Ethical Pitfalls | 12:50pm – 1:00pm