Property Continued Stephen J. Wagner, CFLS Family Law Fiduciary Duties Property Continued Trial a Man to Fish The Reason for the Rule is Important the reason of a rule ceases, so should the rule itself” [CC 3510] “When the reason is the same, the rule should be the same” [CC 3511] “Where Reason for Quotes Violates PP rules Important to read what the court said Slides are more stand alone for subsequent review Reduces note taking Which makes you a better listener Putting Fiduciary Duty Issues Into the Context of Property Issues For both the exam and your practice Overview Overview (cont’d) Detailed Coverage of Fiduciary Duties Duty of loyalty Duty of care Duty of disclosure preseparation Duty of disclosure postseparation Presumption of undue influence Remedies for breach Detailed Coverage of Fiduciary Duties (cont’d) Transmutation (overview for context) Tracing Moore/Marsden Pereira/Van Camp
Property Continued Stephen J. Wagner, CFLS Family Law Fiduciary Duties Property Continued a Man to Fish The Reason for the Rule is Important “When the reason of a rule ceases, so should the rule itself” [CC 3510] “Where the reason is the same, the rule should be the same” [CC 3511] Reason for Quotes Violates PP rules Important to read what the court said Slides are more stand alone for subsequent review Reduces note taking Which makes you a better listener Putting Fiduciary Duty Issues Into the Context of Property Issues For both the exam and your practice Overview Overview (cont’d) Detailed Coverage of Fiduciary Duties Duty of loyalty Duty of care Duty of disclosure preseparation Duty of disclosure postseparation Presumption of undue influence Remedies for breach Detailed Coverage of Fiduciary Duties (cont’d) Transmutation (overview for context) Tracing Moore/Marsden Pereira/Van Camp Trial
2017%20AFLC%20Property%20Contd%20Outline.docx