Ethics of Representing the Elderly-Audio Webcast
March 2018
Ethics of Representing the Elderly
Access Timely Topics and National Experts with CBA-CLE 1-Hour Audio Webcasts
Program Description
Many ethical issues arise when lawyers represent elderly clients. Foremost may be determining whether a client has the capacity to make valid and legally enforceable decisions – and if the client does not, determining who can make decisions for the client. There are also manifold conflict of interest issues, including whether direction is taken from the elderly person or the other person (often an adult child of the putative client) who is paying for the representation. There are also issues involving the exercise of undue influence by a caregiver or other person, including the validity of gifts to that person. Issues of preserving confidentiality and the attorney-client privilege when meetings are held in the presence of children or third-parties are also very important. This program will provide you with a practical guide to the most important ethical issues when lawyers represent elderly clients.
- Determining whether your elderly client has capacity – and identifying your client
- Practical alternatives if you determine a client doesn’t have capacity
- Conflicts of interest between the elderly client and the person paying for the representation, including the validity of gifts
- Preserving confidentiality and the attorney-client privilege when a caregiver or third party is in client meetings
- Clients who lose capacity during a continuing representation
- Ethical issues involved with undue influence over the elderly – what should you do?
- Elder abuse issues – how to spot it and what to do if you discover it
Faculty:
William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management. He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years. He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility. He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com. Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.
Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses. She also represents clients before federal and state taxing authorities. Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001. Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.
AUDIO WEBCAST INFORMATION:
Course materials are provided in PDF format to all audio webcast participants.
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- You will also need a sound card and speakers, and a current web browser
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You will receive a confirmation and instructions to listen to the audio-webcast via email upon registration.
ACCREDITATION INFORMATION:
Each Audio Webcast has been submitted for 1 (or 2) General CLE Credit(s). Courses with an Ethics Component have been submitted for Ethics Credits accordingly.
How to Register:
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1. CALL us! (303) 860-0608, or toll free (888) 860-2531
2. Or REGISTER ONLINE NOW by using the corresponding course links above.
Each program will run from 11:00 a.m. to 12:00 p.m. M.T. (60 minutes each).
Registration Fees
| Non Member | $89.00 |
| CBA Member | $59.00 |
| CLE ELITE Pass Holders | $0.00 |
- General Credits: 1.00
- Ethics Credits: 1.00
- EDI Credits:
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Access Timely Topics and National Experts with CBA-CLE 1-Hour Audio Webcasts