In This Issue

Probate

POAs: The Diligent Lawyer’s Dilemmas

Powers of attorney have existed for centuries. Many were used to grant authority for specific undertakings and for limited periods of time. Then the grant of powers broadened, and lawyers began to use them as tools for the management of a client’s affairs. State legislatures approved the practice and provided that powers of attorney could survive the onset of incompetency of the grantor merely by stating so in the document. These documents are called “durable” powers of attorney. A durable power of attorney can be a simple document and it can be detailed and of great length.

Insurance & Financial Services

Investment Strategies: How to Choose a Money Manager

If you don’t have the ability or time to manage your own investments, finding a good investment manager is crucial. The Madoff scandal evidences how innocent investors can be hurt by relying on friends’ recommendations in deciding who should manage their money. How to choose a high-quality investment manager was the question posed by Bruce Alan Mann, chair of the Investment Strategies Committee, to Marc Rosenberg, founder and president of Quality Management Consultants (“QMC”). Mr. Rosenberg and his partner, Chartered Financial Analyst Gary Reneau, have advised high-net-worth individuals, family offices, and institutions for over 25 years on how to build a portfolio of fund managers that will perform in both calm and tumultuous times and on how to know when to hire and fire a manager.

Election

Lawyer As Citizen: The Senior Lawyer’s Pollworker Public Service Project

The hours are long, the pay is low, but the work is critical to this November’s elections. The job? Official poll worker. Poll workers are also known as “election officials,” “elections judges,” “precinct officers,” and “polling officials.” Their job is ensure that on Election Day the election machinery is up and running, voters are checked in and permitted to vote, and, at the end of the day, the results are counted and accurately reported. The problem is that there are not enough volunteers to act as poll workers. This shortage of poll workers is not a new phenomenon. In 1934, it was observed that, “The greatest single problem of election administration is that of securing honest and capable precinct officers, who are essential to a satisfactory election administration.” Joseph p. Harris, election administration in the United states (1934).

Elder

Senior Lawyer Motorcycle Diaries Chicago to Newfoundland

Something happens to men in particular when they hit 50 and take a hard look at life and how it has gone so far. This past July was my turn to do so, at age 52—a little late to be enacting my declaration 17 years ago to get a street bike on my fiftieth birthday. So this was coming, and now it was here: time to drive from Chicago to Newfoundland and back in 11 days with nine other guys. Five thousand miles later, this is the legal analysis.

Elder

Washington Scene: Deferred Prosecutions - Too Big to Prosecute?

While the current Congress and administration will remain in office and on the federal payroll until January of next year, the tenor of the political conventions and the ongoing flood of highly partisan political advertisements guarantee that their attention over the next few months will focus almost exclusively on election campaigns. As a result, critical policy decisions facing the nation will continue to fester unresolved until after the November elections and probably well into next year.