Estate Planning And Family Law Attorneys

Photo of the reception room of Johnston, Kinney & Zulaica LLP

Community Involvement

• Lecturer, Legal Assistance to Seniors, Remedies for Elder Abuse, Cognitive Decline
• Tax Section of the California State Bar “A Dangerous Instrumentality” Malpractice Claims in Estate Planning and Administration, 1996
• Probate Section of the California State Bar
–“Keeping out of Trouble: Ethical Problems & Solutions for Estate Planners and Estates and Trusts Practitioners” 1996
–Mock Trial of a Disputed Will and Trust Matter, Respondent’s Counsel, May 1999, San Francisco
• American Bar Association
–Lecturer, 1981-present
–“Alternatives to Litigation,” New York, 1985
–“Fiduciary Litigation,” Toronto, August 1988
–“Escape from Bleak House: Alternatives to Litigation”, Hawaii, August 1989
–“A Legacy of Litigation, Attacks on Testamentary and Inter Vivos Transfers,” Orlando, April 1991
–Estate and Trust Litigation,” Atlanta, 1991
–“Marshalling Assets for Decedents and Conservatees,” Orlando, April 1993
–“Deposing and Examining Expert Witnesses at Trial,” Orlando, April 1993
–“Do We Need a New Standard for Removal of Trustees and Termination of Trusts,” New York, August 1993
–“Litigation Becomes Electra: Settlement of Real Property, Probate and Trust Disputes,” Washington, D.C., May 1994
— “Joint Tenancies, an Un-Uniform Law,” Washington, D.C. May 1994
–Counseling the Fiduciaries: “The Search for the Deep Pocket–Is it Yours?” San Diego, May 1996
–“Avoiding Malpractice,” Washington, D.C. May 1997
–“Malpractice in Settlements: Trial of the Case Within the Case,” Toronto, August 1998
–“Damages for Breach of Trust,” ALI-ABA, San Francisco, June 1999, Boston, 2001, San Francisco, July 2002
–“Attorneys as Fiduciaries,” Atlanta, August 1999
–“Modern Investments, Modern Damages, Old Dilemmas,” Miami, March 2000
— “Collusion with the Trustee,” San Francisco, April 2002
–“Bioethics,” New York City, April 2003
–“Update on Liability of Fiduciaries and their Attorneys,” Seattle, April 2004
–“Hot Topics,” Atlanta, Litigation Section, August 2004
–“Freezing Intent: IVF Contracts,” Tampa, ABA/Fla Bar, November 2004
–“Damages for Breach of Trust,” and “Duty to Diversify” October 2006, Denver
–“Myths, Realities and Liabilities Under Modern Portfolio Theory and the Uniform Prudent Investor Act,” Vancouver, B.C. September 2007
–“Modern Portfolio Theory Suffers From Reality Check,” Hot Topics, RPTEL Council, July 2009, Chicago
–“Escaping Bleak House: Alternative Dispute Resolution,” RPTEL Spring CLE, May 2010, Philadelphia
• American College of Trust and Estate Counsel
–“When you Can’t Ask the Decedent: Interpretation, Construction and Reformation of Wills and Trusts,” March 1993
–“The Search for the Deep Pocket,” October 1999
–“Open Architecture for Trusts,” Pittsburgh, October, 2004
–“Litigation Update,” Southeast Regional Meeting, Richmond, September 2004
–“Document Creation and Retention” Amelia Island, Florida, October 200.
–“Situs: Litigation Issues” Providence, Rhode Island, October 2006
–Fiduciary Litigation, ACTEC Heart of America regional meeting, Kansas City, May 2007
–Fiduciary Liability, ACTEC Litigation program, Calistoga, California, December 2007
–“Undue Influence” and “Malpractice”, March 2008
–“Damages,” Baltimore, Maryland, October 2011
–“A Litigator’s View of Directed Trusts, Quiet Trusts and Silent Trusts: A Little Magic or a Lot of Bad Mojo?”, New Orleans, October 2014
— “The Other Decanting,” alcoholic assets and risks, Monterey, California, October 2015
• CPA Organizations
— Member California Society CPA Alternate Dispute Resolution Section
–California CPA Education Foundation, “The CPA as a Fiduciary and/or Advisor,” San Francisco and Universal City, November 2003; San Francisco, January 2005
–California CPA Education Foundation, “The Search for the Deep Pocket,” San Francisco, January 2013
• American Bankers Association
–Lecturer, National Trust and Financial Services Conference, New York, “The Fiduciary Goes to War” (audio tape), 1990
— “Trends in Litigation,” National Trust and Private Banking Conference, 1996
–“Trends in Surcharge Actions,” Carmel, 1986
–Protecting the Fiduciary, “Achieving Finality” San Francisco and Boston, 1989
–National Conference of Lawyers and Corporate Fiduciaries, “Trends in Fiduciary Litigation and Liability, San Francisco, October 1994
–National Association of Trust Audit and Compliance Professionals, “War and Peace for the Fiduciary: Or How to Avoid Becoming Famous,” San Francisco, March 1995
–New England Trust Companies, “Fiduciary Litigation Trends,” Boston, December 1996
–“Trust Litigation Trends,” National Trust and Financial Services Conference, Washington, D.C., 1997
–“The Law of the Jungle,” California Bankers Association, Annual Trust Meeting, San Francisco, September 1997
–The Law of the Jungle, 1998 ABA/AMA Trust, Asset Management & Marketing Conference, New York City, 1998
–“Trust Litigation,” National Association of Trust Audit and Compliance Professionals, New Orleans, April 1998
–“Case Studies in Fiduciary Liability,” American Bankers Association, National Graduate Trust School, Evanston, Ill. August 1998 and 1999 and yearly in Evanston, Chicago and Atlanta through 2008
–“Fear and Loathing in the Courtroom,” California Bankers Association Annual Trust Meeting, Pasadena, 1998
–“Litigation Update,” American Bankers Association, Wealth Management & Trust Conference, San Francisco, January 1999
–“Fear and Loathing in the Courtroom,” Texas Bankers Association, Austin, April 1999
–“Litigation Update,” American Bankers Association, Wealth Management & Trust Conference, New York, February 2000; San Francisco, February 2001; New York, January 2002; Tampa, 2003; Scottsdale, 2004; Orlando, 2005, San Diego, 2006, Orlando, 2007, San Diego, 2008; Phoenix, 2010. Miami Beach, 2011; Phoenix, March 2012, and New Orleans, March 2013; Phoenix, 2016
–“The Black Swans (and other Cliché) have come Home to Roost,” March 2009, San Francisco
–“Ethics and Liability for Trust Officers and Trustees” Wealth Management and Trust Conference, San Francisco, Feb 10, 2019
–National Trust Closely Held Business Association
–“Avoiding Litigation,” Silverado, California, 1991
— “Investment Liability,” Huron, Ohio, October 2003
–National Trust Closely Held Business Association, “Fiduciary Litigation,” Litchfield Island, South Carolina, September 2005
— National Trust Closely Held Business Association, “Fiduciary Litigation,” Santa Rosa, California, September 2011
• Other Banking Organizations
–Trust Management Association, “Fiduciary Litigation,” Half Moon Bay, California, April 2006
• Other Organizations
–National Trust Real Estate Association, “Trends in Surcharge – Quicksand or Terra Firma,” San Francisco, May 1995
–Office of the Comptroller of the Currency, “Fiduciary Litigation,” Minneapolis, August 1996
–National College of Probate Judges, “Expert Witnesses in Trusts and Estate: Competency and Undue Influence,” Newport, Rhode Island, May 1995
–Heirs, Palm Beach, Florida, January 1997,” Removing Trustees; Surcharging Trustees”
–Eugene, Oregon, Estate Planning Council, March 1998, “Modern Portfolio Theory and Fiduciary Investments”
-Sacramento Estate Planning Council, January 1999, 2002
-Portland Estate Planning Council, January 1999, 2001
-University of Texas Law School Annual Taxation Conference, November 1999
-Massachusetts Bankers Association, “Modern Portfolio Theory,” November 1999
-“Damages for Breach of Trust,” ALI-ABA, Chicago, 2000
–FFIEC, Fiduciary Litigation, Kansas City, 2000; Pittsburgh, 2001, Chicago, 2002 and 2003
–Fiduciary Investment and Risk Management Association, “Fiduciary Liability,” San Antonio, March 2001, New Orleans, April 2003; Phoenix, 2007, St. Louis, November 2008, New Orleans, Aprils 2009, Atlantas 2011, Las Vegas 2013
–“Class Action Developments,” American Bankers Webcast, January 2008
–“Recent Developments,” Wealth Management Conference, March 2008
–“Duty to Diversify,” Trust Management Association,” Scottsdale, April 2008
–“Fiduciary Update,” Forum for Fiduciaries, June 2008
–Heckerling Institute, “The Perils of Prosperity: What Goes Up Will Likely Result in Surcharge,” January 2001, Miami
–New York Bankers Association, “Reversion to the Mean” Lake Louise, October 2001
–Philadelphia Estate Planning Council, “Fiduciary Investment Duties and Liability After the Fall” October 2001
-Bucks County Estate Planning Council, “Modern Portfolio Theory,” October 2001
-Santa Clara County Estate Planning Council, “Modern Portfolio Theory,” February 2002
–FIRMA, “Dealing with Beneficiary Complaints,” Scottsdale, March 2002
-Midwest Bankers Association, Ann Arbor, October 2002
–Conference of State Bank Supervisors, Anaheim, California, “Fiduciary Risk & Litigation Update.”
-Florida Bar Attorney Trust Officer program, Naples, Florida, June 2003
–Florida Bar Association, Fort Lauderdale and Tampa, “Trust and Estate Litigation: New Ways to Play the Old Game,” February 2003
-Southwest Bankers Association, Austin, March 2003
-FIRMA, Trust Litigation Update, New Orleans, April 2003
-Florida Bar/Florida Bankers Association, “Trust litigation,” Naples, June 2003
-ALI-ABA, Trust Litigation, Chicago, July 2003
– FIRMA, Trust Litigation Update, Las Vegas, April 2004
-National College of Probate Judges, Fiduciary Litigation Update, Santa Fe, April 2004
-ALI-ABA Representing Beneficiaries and Trustees, Boston, July 2004
–Notre Dame Tax and Estate Planning Institute, October 2004
–ALI-ABA Representing Beneficiaries and Trustees, New Orleans, February 2005, Chicago July 2006
–TriState Bankers Association,” Litigation Developments,” Fargo, April 2005
— Probate Section of the Colorado Bar, “Bioethics” and “Fiduciary Litigation” Telluride, June 2005
— TriState Bankers Association, Portsmouth, NH, “Fiduciary Litigation” September 2005
–Heckerling Institute, “A Mock Trial Ripped from the Headlines,” January 2006
–Portland Estate Planning Council, March 2006
–“Bioethics Disputes,” American Bankers Wealth Management Conference, March 2006
–“Document Creation and Retention” American Institute of Federal Taxation, Birmingham, Alabama, June 2006
–“Fiduciary Litigation Update,” Massachusetts Bankers Association, October 2006, Boston
— “Changing Tides in Fiduciary Liability,” 28th Annual Duke University Estate Planning Conference, Raleigh, North Carolina, October 2006
–Kansas City Estate Planning Conference, Overland Park, Kansas, May 2007
–Florida Bar Association, Attorney/Trust Officer Liaison Conference, Palm Beach, Florida, June 2007
–Northern California Trust Officers Association, Trustee Liability Developments, May 2007
–ALI-ABA, Fiduciary Litigation Developments, Boston Massachusetts, July 2007
–New York Bankers Association, 61st Annual Trust & Investment Conference, Saratoga, New York, October 2007
–Trust Management Association, Asset Concentration, Phoenix, April 2008
–ALI-ABA, Fiduciary Litigation Update, San Francisco, July 2008
–Fiduciary Liability, Redwood Empire Estate Planning Council, Santa Rosa, California, October 2008
–“Malpractice Prevention,” “Fiduciary Liability,” Eugene Estate Planning Council, Oregon, January 2009
–“Trustee Liability in a Sigma Seven World,” New Orleans FIRMA, April 2009
–“Trustee Liability Issues,” Asset Management Forum FDIC, FFIEC, Arlington, Virginia, July 2009
–“Fiduciary Liability Update” ALI-ABA, Chicago, July 2009
— “Litigation Update, FIRMA, New York City, November 2009
— “Search for the Deep Pocket,” and “Fiduciary Litigation,” Atlanta Estate Planning Council, Atlanta, February 2010
— Trust Management Association, Chicago, May 2010
–Tennessee Bankers Association, Nashville, October 2010
— FIRMA, Atlanta, April 2011
–ALI-ABA Representing Beneficiaries and Trustees, Chicago, July 2011
–Florida Bankers Association, “Throw Out the Old Rules”, September 2011
–National Trust Closely Held Business Association, Santa Rosa, October 2011
–Firma, San Diego, October 2011
–“Bioethics,” webcast, RPTEL Bioethics Committee, January 2012
–“Trustee Liability and Damages,” American Bankers Association Wealth Management and Trust Conference, Scottsdale, Arizona, March 2012
–“Dealing with the Debris and Survivors of the Great Recession,” Trust Management Association, New Orleans, May 2012
–“Trustee Liability,” Federal Fiduciary Investment Examination Council, FFIEC, Arlington, Virginia, May 2012
–“Trustee Liability and Damages,” National Conference of Lawyers and Corporate Fiduciaries, Washington, D.C., May 2012
–“Trustee Liability and Damages,” ALI-ABA, San Francisco, California, July 2012
–“Fiduciary Investment Liability,” ACTEC-ALI webcast, November 2012
–“Fiduciary Liability,” Sacramento Estate Planning Council, February 2013
–Florida Bar Association, Fort Lauderdale and Tampa, May 2013
–“Fiduciary Liability, Modern Portfolio Theory, Ethics,” Federal Fiduciary Investment Examination Council (FFIEC), Arlington, Virginia, June 2013
–ALI-CLE, “Fiduciary Litigation,” Boston, July 2013
–“Fiduciary Litigation Update,” FIRMA, Orlando, April 2014
–“Fiduciary Liability” and “Modern Portfolio and Withdrawal Rates,” Tri-State Bankers Association, Fargo, North Dakota, April 2014
–“Fiduciary Litigation” Ohio State Bar, Columbus, Ohio, June 2014
–ALI-CLE, “New Cases, New and Old Risks, and Best Advice” Chicago, July 2014
“Remedies for Elder Abuse,” Legal Assistance to Seniors, San Francisco, March 2015
–ALI-CLE, Fiduciary Litigation, Boston, July 2015
–Conference of State Bank Supervisors, “Not So Modern Portfolio Theory” and Litigation Update New Orleans, August/September 2015
— Conference of State Bank Supervisors, “Fiduciary Litigation Update,” Cleveland, September 2015
–“Not So Modern Portfolio Theory,” Conference of State Bank Supervisors, Cleveland, September 2015
— “Undue Persuasion and Free Will in Financial Elder Abuse: Insights of Psychological and Neurobiological Studies into the Assessment of Elder Abuse Claims,” Legal Assistance to Seniors, San Francisco, May 2016
–ALI-CLE Fiduciary Litigation, Chicago, July 2016, 2017
–Heckerling Institute, Protecting Yourself when Planning in Unsettled Waters, Kovel Privileges, Potential claimants and Claims Regarding Services Provided to Fiduciary, January 2017
–ALI-CLE Fiduciary Litigation, Boston, July 2017
–Elder Abuse, National College of Probate Judges, Ponte Verde, Florida, November 2017
–ALI-CLE, Litigation Update, Boston, July 2018 and July 2019
• Trust Company Programs
–Bank of California, June 1987, “Litigation under the New Trust Law”
–Trust Services of America, Sixth Annual Trust Forum, October 1990
–“Attacks on Testamentary Plans”
–Bankers Trust, New York City, “Trustee Liability”, October 1991
–Chemical Bank, “The Search for the Deep Pocket – Is It Yours?”, November 1992
–Wells Fargo Private Bank, “Ethical Problems in Probate and Trusts”, September 1995
–Northern California Trust Companies Association, “Trust and Probate Litigation,” October 1995; 2000
–Bank of America, Compensation of Fiduciaries and Counsel, April 1997
-Northern Trust, Ethics, June 2001
-Northern Trust, Ethics and Litigation Risk, June 2002
-Northern Trust, Fiduciary Litigation, San Diego, Pomona, Los Angeles and Westwood, May 2004
—Wachovia Bank, Charlotte, North Carolina, “Litigation Update”, September 2005
–Northern California Trust Officers Association, May 2007
–Union Bank of California, 2008