This seminar will benefit litigators who prosecute or defend lawsuits involving minors or incompetent persons. Topics will include bringing suits in a representative capacity, serving as Guardian ad litem, settlement considerations including structured settlements and special needs trusts, requirements of a pro ami hearing, and obtaining a proper release after a pro ami settlement.
9:00 a.m. - 10:15 a.m.
I. Who Is The Client?
A. Conflicting Claims Of Clients
B. Avoiding Or Resolving The Conflict
II. Guardians, Conservators Or Next Friends As Plaintiffs
A. Temporary Guardians
B. Conservatorships And Their Requirements
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 11:45 a.m.
II. Guardians, Conservators And Next Friends As Plaintiff (Continued)
C. Next Friends
D. The Attorney's Fee Contract
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 2:00 p.m.
III. Settlement Considerations
A. Small Settlements
B. Structured Settlements – Annuities
2:00 p.m. - 2:15 p.m.
2:15 p.m. - 3:30 p.m.
III. Settlement Considerations (Continued)
C. Structured Settlements
D. Settlement Approval Without A Pro Ami?
E. Attorney's Fees And Subrogation
3:30 p.m. - 4:30 p.m.
IV. Pro Ami Settlements
A. How To Initiate
B. Guardian Ad Litem's Role
C. The Hearing
D. The Release
V. A Note About Wrongful Death And Mixed Cases Of Wrongful Death
And Personal Injury
A. Importance Of The Appointment Of A Proper Personal Representative
B. Special Rule For The Death Of A Minor Child
C. Distribution Dilemma – King vs. National Spa And Mixed Cases