Working with Clients with Diminished Capacity: Rule 1.14 and Beyond
June 2014
Working with Clients with Diminished Capacity: Rule 1.14 and Beyond
Program Description:
RULE 1.14. CLIENT WITH DIMINISHED CAPACITY
When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
The normal client-lawyer relationship is based on the assumption that your client is capable of making decisions about important matters. The prickly questions arise when you as a lawyer suspect your client has diminished capacity and is at substantial risk of physical, financial, or other harm if nothing is done, and cannot act in his or her own interest.
This program is geared toward non-trust and estate and non-elder law attorneys who do not encounter clients with diminished capacity on a regular basis. With an aging population, lawyers in various practices are increasingly likely to encounter clients with diminished capacity. Recognizing the signs of diminished capacity, and understanding the unique ethical and practical decisions that arise, are critical to providing competent representation.
AGENDA:
8:00am
Registration and Continental Breakfast
8:25am
Introduction and Welcome
Jordan Factor, Esq., and Katrin Miller Rothgery, Esq., Program Co-Chairs
8:30am
Mental Health and Cognitive Issues; Signs and Symptoms of Diminished Capacity; How to See Signs of Diminished Capacity in Your Client
Presented by Doris Gundersen, MD
9:20am
When to Seek a Guardian ad Litem and How They Can Assist You
Presented by Michael Kirtland, Esq., LL.M., CELA
10:10am
Networking Break
10:20am
Ethical Implications of Dealing with Clients with Diminished Capacity, Including Attorney/Client Privilege and Colo. RPC 1.14
Presented by Katrin Miller Rothgery, Esq.
11:10am
A Team Approach: An Interactive Discussion on How Professionals Can Work Together When a Client Has Diminished Capacity
Gerald Pratt, Esq., and Martha Ridgway, Esq, and Other Members of the Faculty
12:00pm
Adjourn
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
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1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $209.00 |
| CBA Member | $169.00 |
| CBA Litigation Section Member | $149.00 |
| New Lawyer - in practice < 3 years | $129.00 |
| Paralegal/Legal Support Staff | $129.00 |
| CLEACCESSPASS--ELITE Pass Holder | $0.00 |
- General Credits: 4.00
- Ethics Credits: 1.50
- EDI Credits:
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Sponsor Information
- Designed for the Non-elder Law and Non-trust and Estate Attorney
- How to Recognize the Signs in Diminished Capacity in Your Client
- Ethical Implications of Rule 1.14