Ethical Issues in Estate Planning

Date: Monday, November 5, 2018
Time: 12:00pm - 1:15pm
Location: MAC 405 Washington Avenue
Speaker: Michael Downey

Title: Ethical Issues in Estate Planning 



Michael Downey is a legal ethics lawyer and founder of Downey Law Group LLC, a law firm devoted to legal ethics, law firm risk management, and the law of lawyering. Michael regularly represents lawyers, their clients, judges, and other professionals in high stakes and complex civil litigation and disciplinary proceedings. Michael also serves as outside general counsel to numerous law firms.

His past experience as a legal ethics and law firm risk management counsel includes:

Preparing opinion letters on conflicts of interest, lawyer advertising and solicitations, law-related businesses, and law firm mergers

Conducting law firm compliance audits and reviews on client intake, matter risk management, legal billing, and business development systems and practices

Defending lawyers in disciplinary proceedings including responding to bar complaints, litigating cases before disciplinary hearing panels, and arguing cases for lawyer-respondents before the Missouri Supreme Court and Illinois ARDC Review Board

Defending a sitting judge before the Missouri Commission on Retirement, Removal and Discipline of Judges

Representing lawyers in sanctions and contempt proceedings

Counseling law firms and legal departments on privilege issues and assisting with privilege reviews

Advising law firms and lawyers regarding legal and ethical issues that arise in client terminations and law firm departures and dissolutions

Preparing and revising law firm partnership agreements to incorporate new governance, partner compensation and risk management provisions

Providing expert testimony and legal counsel on legal ethics, legal malpractice, and legal fee and billing issues

In 2013, Missouri Lawyers Weekly named Michael a 2014 Most Influential Lawyer as the “go-to legal ethics counsel in Missouri.”

The litigation matters Michael handles often garner considerable media attention, particularly from the legal press. Michael has completed formal training in media relations, and often assists clients in preparing and implementing public relations strategies as part of work on high-visibility, high-stakes matters.

An experienced litigator, Michael has represented lawyers and other clients in state and federal trial and appellate courts. Prior to focusing his practice on professional ethics, he handled complex class action, employment, environmental, and product liability cases primarily for global consumer products, pharmaceutical and refining companies. Michael continues his involvement in such complex litigation matters, including serving as lead counsel, assisting in strategy preparation, and handling with specific aspects of complex civil matters relating to legal ethics, sanctions, and privilege issues.

Michael has also served as an expert witness – testifying primarily on legal ethics, lawyer malpractice, and legal billing matters – in cases pending in Missouri, Kansas and the District of Columbia.

Teaching, Writing & Speaking
For the past decade, Michael has taught legal ethics and law firm practice as an adjunct professor at Washington University School of Law. He has also taught professional responsibility as an adjunct professor at St. Louis University School of Law. He has presented on legal ethics more than 350 times, including for global corporations and law firms, throughout the United States as well as in the United Kingdom and Canada.

His first book, Introduction to Law Firm Practice, was published in 2010. Michael has contributed chapters to three other book-length publications, and published more than 100 articles in publications including in the ABA Journal, National Law Journal, For the Defense, and the Missouri Bar Journal. A regular ethics columnist for the National Law Journal, ABA’s Litigation and Law Practice magazines, and the St. Louis Lawyer, Michael won a Distinguished Legal Writing Award from the Burton Foundation in 2013 for an article on lawyers’ ethical limitations on communications with the media.

Popular and legal publications frequently quote Michael as an expert on legal ethics and law firm practice issues. He has been interviewed more than 75 times, and has been quoted in the New York Times, WSJ Law Blog, National Law Journal, ABA Journal, Illinois Bar Journal, Missouri Lawyers Weekly, St. Louis Post Dispatch, and St. Louis Business Journal. In 2009, Michael appeared as a guest on NPR’s Talk of the Nation.

Bar Leadership
Michael has served on and chaired national, state, and local bar association committees focused on legal ethics and law firm practice issues. Notable posts include:

Chair of the ABA Law Practice Division 2013-14; also Chair Elect, Vice Chair, and Secretary of the Division, which was then called the ABA Law Practice Management Section

Ethics columnist for Litigation magazine, 2011-present

Ethics columnist for Law Practice magazine, 2014-present

Ethics columnist for the St. Louis Lawyer, 2003-present; regular columnist, 2012-present

Past member of the Technology Working Group for the ABA Commission on Ethics 20/20

Past Chair of the Ethics & Technology Committee in the ABA Center Professional Responsibility

Past Chair and current member of the Illinois State Bar Association’s Standing Committee on Professional Conduct, which prepares ISBA Ethics Opinions

Former member of the Missouri Bar’s Ethics 2005 Committee, responsible for assessing revisions to the Missouri Rules of Professional Conduct

Former member of the Missouri Bar’s Special Committee on Lawyer Advertising, responsible for assessing revisions to Missouri Rules of Professional Conduct governing lawyer advertising

Former hearing officer for Missouri lawyer discipline cases

Michael graduated first in his class from Washington University School of Law in 1998 and spent 1998-99 clerking for the Honorable Pasco M. Bowman, then Chief Judge of the U.S. Court of Appeals for the Eighth Circuit. Michael also earned a graduate certificate in Law Firm Management from George Washington University in 2006. The Hildebrandt Institute coordinated and provided instructors for this program.

Prior to law school, Michael taught Latin and Ancient Greek and coached soccer and chess at Ladue Horton Watkins High School, a public school in St. Louis County.


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