SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates Keyed to Sterk
Committee on Professional Ethics v. Baker
Citation:
492 N.W.2d 695 (1992)Facts
Baker, a sole practitioner in Des Moines, collaborated with financial planner Rex Voegtlin and trust officer James Miller to promote and execute living trusts as an estate planning tool. Voegtlin hosted seminars to advertise the benefits of living trusts, offering free consultations where he and Miller discussed estate planning options with clients, including diagrams and detailed explanations. Clients were encouraged to employ attorneys for document preparation, with Baker being the most frequently recommended due to his reputation and reasonable fees. Baker drafted trust documents based on materials and instructions provided during consultations and explained them to clients before execution. Voegtlin often facilitated trust funding, charging clients for this service. Between 1989 and 1991, Baker received about 100 referrals from this collaboration, creating an efficient system for addressing clients’ estate planning needs.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
11m 20s