October 01, 2014

CLE Webinar: Ethical Issues of Representing a Client with Diminished Capacity

(Note: The pdf for the issue in which this article appears is available for download: Bifocal, Vol. 36, Issue 1.)

 

December 3 •1:00 – 2:30 Eastern

Sponsors: Center for Professional Development; Center For Professional Responsibility; Commission On Disability Rights; Commission on Law and Aging; Section of Family Law; Senior Lawyers Division; Solo, Small Firm and General Practice Division; Young Lawyers Division

Representing a client with diminished capacity entails several competing ethical considerations. Don't fall into one of the traps.
Attend this webinar to learn:

  • How to maintain a "normal" attorney-client relationship with a client with diminished capacity
  • How to determine when a lawyer may seek decision-making assistance for a client with diminished capacity from a family member or third-party without violating the duty of confidentiality
  • How to represent a client with diminished capacity in court
  • What do you do when you suspect your client suffers from diminished capacity?
  • When can you seek outside guidance to help a client with diminished capacity?
  • What can you say to whom without violating the duty of confidentiality to the client?

This ethics webinar will cover the parameters set out in Rule 1.14 directing an attorney to maintain a "normal" attorney-client relationship with a client with diminished capacity to the extent possible, and explore how to enter into an attorney-client relationship with a client with less than full capacity, what to do when a client's capacity declines during representation, and how to represent a client with diminished capacity in court.

Faculty:

  • Hon. Patricia Banks, serves on the Executive Committee of the Circuit Court of Cook County in Illinois, and is Presiding Judge of the Elder Law and Miscellaneous Remedies Division of the Circuit Court
  • Prof. Rebecca C. Morgan, is the Boston Asset Management Chair in Elder Law, the director of the Center for Excellence in Elder Law at Stetson University College of Law in Gulfport, FL, and the director of Stetson's online LL.M. in Elder Law
  • Kerry R. Peck, is managing partner of Peck Bloom, LLC in Chicago, IL, and author of Alzheimer’s and the Practice of Law
  • David M. Godfrey (moderator), Senior Attorney, ABA Commission on Law and Aging

Register Now!