Nicole Wade practices civil litigation, with an emphasis on fiduciary litigation, trust and estate litigation, and general commercial litigation.

Ms. Wade represents financial institutions and individuals in a wide range of fiduciary litigation, including breach of fiduciary duty actions, fraud claims, will caveats, will and trust construction cases, competency claims, actions for removal of trustees and executors, and contested guardianship hearings. She regularly represents financial institutions, including several national banks listed in the Fortune 500, in connection with fiduciary and trust litigation, and she has managed fiduciary cases through trial and the appellate process. Ms. Wade has served as a speaker and panelist on fiduciary litigation issues at the Fiduciary Law Institute, the Estate Planning Institute, and the fiduciary litigation seminar sponsored by ALI-ABA. She frequently teaches seminars for institutional fiduciaries on preventing and managing fiduciary litigation.

Ms. Wade also has experience litigating a wide variety of general commercial and tort cases including class actions. She has represented corporations and individuals in simple breach of contract cases, as well as more complex cases involving claims of malicious prosecution, Section 1983 violations of Constitutional rights, and federal and state RICO violations.  She also has worked with both plaintiffs and defendants in several high-profile First Amendment cases and appeals.  

Ms. Wade has been involved in jury trials and bench trials in various state and federal courts. She has resolved numerous cases through alternative dispute resolution, including arbitration and mediation. Ms. Wade also has a significant appellate practice. She has handled appeals in state and federal appellate courts at every level, and she has successfully argued appeals in both the Georgia Court of Appeals and the Georgia Supreme Court.

 

Education

 
J.D., cum laude, University of Michigan Law School, 1995
B.A., cum laude, Vanderbilt University, 1992

Bar & Court Admissions

 
U.S. Supreme Court, 2008
U.S. Court of Appeals for the Fourth Circuit, 1998
U.S. District Court for the Middle District of Georgia, 1998
U.S. Court of Appeals for the Eleventh Circuit, 1997
U.S. District Court for the Northern District of Georgia, 1996
Georgia, 1995

Memberships

 
Atlanta Bar Association, Estate Planning and Probate Section
Atlanta Bar Association, Litigation Section
State Bar of Georgia, Fiduciary Law Section
State Bar of Georgia, General Practice & Trial Section
Bleckley Inn of Court, Barrister, 2001-2003
State Bar of Georgia, Younger Lawyers Division, MCLE and Trial Credit Assistance Committee, Chair, 1999-2000
State Bar of Georgia, Younger Lawyers Division, Subcommittee on Development of the High School Mock Trial Committee, Chair, 1998-1999

Publications

 

“The Modern Estate Planning Lawyer,” Probate & Property, co-authored with Jennifer D. Odom, November/December 2008

"An Aggressive and Passionate Defense," Counsel to Counsel, quoted and featured in cover story, July 2007

"Plaintiff Quits SunTrust Suit," Fulton County Daily Report, quoted, March 2007

Co-authored, "Sick Building Syndrome: Who Foots the Bill?", 14 The Practical Real Estate Lawyer, May 1998, at 9

Speaking Engagements

 
"The 10 Commandments for Minimizing Litigation," Breakfast Briefing, Atlanta, GA, August 2007
"The Flexible Income Act and Other Fiduciary Matters," Fiduciary Law Institute, ICLE, St. Simons, GA, July 2006
"Making Waivers Work: Disclosure vs. Intelligibility," Representing Estate and Trust Beneficiaries and Fiduciaries, ALI-ABA, Boston, MA, July 2005
"Your Client Just Got Hit by a Bus: Minimizing Risk in the Face of Unanticipated Consequences," Estate Planning Institute, ICLE, Athens, GA, February 2004
"Preventing and Managing Fiduciary Litigation," Fiduciary Law Institute, ICLE, St. Simons, GA, July 2000

Awards & Honors

 
Georgia Legal Elite (Taxes, Estates & Trusts, 2007)
Georgia Rising Star (2005-2007)
 
 
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