Wrongful Death and Survivorship – The Hows, The Whys, and the Do Nots |
October 31, 2014
Order DVDs Online with Credit Card |
Live Interactive OPTION - Problems with driving winter roads, hotel costs, time away from office? MTLA and Fisher Video Conferencing have a solution.
|
Seminar Sponsors FISHER - Video Conferencing | Court Reporting | Video Services | Trial Presentation Consultation |
||
![]() |
||
Schedule 6 CLE Credits – including 2 ethics |
7:30 | Registration & Breakfast |
|
8:25 | Introduction & Welcome Michael D. Bybee and Dylan McFarland |
|
8:30 | Wrongful Death/Survivorship – Statutes and Case Law Lon J. Dale, Missoula |
|
9:30 | Insurance Coverage Issues for Wrongful Death and Survivorship Claims Gregory S. Munro, Missoula |
|
10:30 | BREAK |
|
10:45 | Ethical Issues Relating to Representation In Wrongful Death/Survivorship Claims (1.25 ethics) Dirk A. Williams, Missoula |
|
12:00 | LUNCH (on your own) |
|
1:30 | Trusts As Settlement Tools for Survivorship and Wrongful Death Claims Shane N. Reely, Missoula |
|
2:00 | Conflict of Interest Problems and Solutions For the Personal Representative's Attorney (.5 ethics) Timothy B. Strauch, Missoula |
|
2:30 | BREAK |
|
2:45 | Uniform Probate Code and Wrongful Death/Survivorship Claims Prof. Kristen G. Juras, Great Falls |
|
3:15 | Use of Structured Settlements and Qualified Settlement Funds (QSFs) Les J. Marsh, Great Falls |
|
3:45 | Panel Discussion (.25 ethics) All Speakers |
|
4:30 | SEMINAR ADJOURNS | |
|
Lon J. Dale graduated from the University of Montana in 1968 and the University of Montana Law School in 1971. In 1975, he was one of the founding shareholders of what is now Milodragovich, Dale & Steinbrenner. Lon specializes in civil litigation representing both plaintiffs and defendants in a variety of litigation settings. His jury trial experience qualified him to be a member of the Montana Chapter of the American Board of Trial Advocates. Lon has involvement in several noteworthy Montana Supreme Court decisions, including Workman v. McIntyre Construction, et al., 190 Mont. 5, 617 P.2d 1281 (1980) (set standards for demonstrative evidence and wrongful death damages); Britton v. Farmers Insurance Group (truck insurance exchange), 221 Mont. 67, 721 P.2d 303 (1986) (leading case on insurance bad faith); Larson v. Squire Shops, Inc. 228 Mont. 377, 742 P.2d 1003 (1987) (leading case on domiciliary care); and Oliver v. Stimson, 1999 MT 328 – (established the tort of spoliation in Montana). |
Prof. Kristen G. Juras joined the faculty at the University of Montana School of Law in 2000, and has taught classes in numerous areas of law, including property, agricultural law, business transactions, estate planning, contracts, and other business-related courses. Before joining the faculty, she practiced business, tax, and estate planning law with Church, Harris, Johnson & Williams in Great Falls, Montana. She currently is of counsel with the Great Falls law firm of Faure Holden P.C. Professor Juras is a past chairperson of the Business, Estates, Trust, Tax and Real Property Section of the Montana State Bar, and remains actively involved in the Section’s legislative and educational activities. Professor Juras taught international law classes at Xiamen University in China in the summers of 2006 and 2007. Professor Juras received her law degree magna cum laude in 1982 from the University of Georgia Law School, where she was a member of the Order of the Coif, the Jessup International Moot Court team, the National Moot Court team, and the Georgia Journal of International Law. |
Les J. Marsh is a Montana native currently residing in Great Falls. He is a long time structured settlement specialist beginning work in this field in 1987, as part of his nearly 30 years expertise in financial planning and insurance. Les was one of the first to advocate for plaintiffs to have their own structured settlement planner working solely for the benefit of the plaintiff and the plaintiff’s attorneys. Les also pioneered the use of 468B Qualified Settlement Funds, having participated in over 100 since 1996. Les is a member of the Society of Settlement Planners, National Association of Financial Planners, Million Dollar Round Table and New York Life’s Nautilus Group. Les is also a Registered Representative for NYLIFE Securities, Chartered Advisor in Philanthropy (CAP), and the owner of Risk Management and Asset Conservation (RMAC), a Montana corporation which specializes in structured settlements. Les received his undergraduate degree from the University of Great Falls. |
Gregory S. Munro, Interim Dean at the University of Montana School of Law, regularly researches and writes the quarterly Insurance Consumer Counsel’s Column for Trial Trends. Prof. Munro has published articles, a book and book chapters on topics of insurance, torts, medical-legal and legal education. He teaches Torts, Insurance Law and Trial Advocacy at the University of Montana School of Law where he has been a Professor and Director of Professional Skills. He has also taught Remedies and co-coached the law school’s national championship Trial Team from 1989 until 1999. He regularly teaches CLE for organizations of lawyers, judges and law professors. Munro is a past president and board member of MTLA. He serves on the Montana State Uniform District Court Rules Committee. He practiced plaintiff’s civil litigation in Billings for thirteen years before joining the UM School of Law in 1988. |
Shane N. Reely graduated with honors in 1994 from the UM School of Law and earned a Master's Degree in Tax (LLM) in 1995 from the University of Florida College of Law. Shane began working for the Crowley Law Firm in Billings, where his primary focus was on tax-exempt entities as well as general commercial transaction work. He returned to his hometown, Missoula, and joined Garlington, Lohn and Robinson in May, 1996, as an associate until 2003, and a Partner until 2008. After 12 years with the Garlington Law Firm, Shane opened Reely Law Firm and he continues to focus on estate planning, tax, probate, business transactions, and transactions involving liquor and gaming licensing. |
Timothy B. Strauch is a trial attorney in Missoula, where he focuses on professional disputes and professional malpractice; professional discipline litigation and consultation. Mr. Strauch was appointed by the Montana Supreme Court as the first Disciplinary Counsel for Montana’s Office of Disciplinary Counsel and served in that capacity for more than three years. He has been practicing law since 1992 and graduated cum laude from the University of Baltimore School of Law. He currently serves on the State Bar of Montana Ethics and Judicial Relations committees, and as an adjunct law professor at UM where he has taught professional responsibility. Tim and co-counsel Mick Taleff are recipients of MTLA's 2013-14 Trial Lawyer of the Year award. |
Dirk A. Williams is Senior Counsel in the Missoula office of Crowley Fleck. His practice focuses on estate planning, fiduciary guidance and compliance, and the administration of trusts and estates. Dirk attained his LLM in Taxation from the University of Florida School of Law in 1988, his JD from the University of Montana School of Law in 1985, and his B.A. from the University of Montana in 1980. In addition to 25 years in the private practice of law, Dirk worked for three years in the trust and wealth management fields and has taught numerous courses in agricultural law and federal taxation at the University of Montana School of Law. Dirk is an elected Fellow with the American College of Trusts and Estates Counsel (ACTEC), has been named to Best Lawyers in America, and is currently Chairman of the BETTR Section of the State Bar of Montana. |
Back to Top |