Ethics in the Practice of Elder Law
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Ethics in the Practice of Elder Law

Includes CD-ROM

Also available as an eBook
Ethics in the Practice of Elder Law
Product Code: 5430614
Authors: Roberta K. Flowers, Rebecca C. Morgan
Publication Date: January 2013
ISBN: 978-1-61438-684-1
Page Count: 435
Trim Size: 6 x 9
Sponsoring Entities: Section of Real Property, Trust and Estate Law
Topics: Elder Law, Estate Planning, Ethics & Professional Responsibility
Format: Book - 5430614
Other Formats: eBook - 5430614EBK
Pricing: $99.95 (Regular)
$79.95 (Section of Real Property, Trust and Estate Law) ABA Members, Log in now to receive this discount!
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About Ethics in the Practice of Elder Law

In an elder law practice, ethical issues can occur at any point in the representation, and in some cases these unexpected situations can take the attorney by surprise. Ethics in the Practice of Elder Law provides an informed overview of the most common issues that can occur, explains the issues that can arise and how to be alert for them, and suggest ways to work through these issues effectively and ethically.

Authors Roberta K. Flowers and Rebecca C. Morgan offer a range of hypothetical situations, along with a series opening questions for each, followed by a discussion suggestions for analyzing and responding to the issue. These discussions offer a reliable framework for analyzing the ethical questions within the scope of the Model Rules and ancillary resources.

The authors give readers the knowledge to determine which questions to ask in the representaiton. They refer to and discuss the 9 "Cs" of elder law ethics:
  • Competency: where to find guidance
  • Client: who is the client
  • Confidentiality: keeping confidences
  • Conflicts of interest: who can the elder law attorney represent
  • Capacity: representing clients who have diminished capacity
  • Control: representing guardians
  • Complex fiduciary representation
  • Consulting: litigation issues in an elder law practiceCompetition: ancillary practices and marketing
Ethics in the Practice of Elder Law provides invaluable information as appendices, including the National Academy of Elder Law (NAELA) Aspirational Standards, relevant ABA ethics opinions, and a range of supplemental resources, checklists, and letters.
Table of Contents

Chapter 1: Where to Go for Guidance
Chapter 2: Who is the Client?
Chapter 3: Who Can I Talk To?
Chapter 4: Who Can I Represent?
Chapter 5: Representing Clients Who May Have Diminished Capacity
Chapter 6: Who Can I Represent? Ethical Issues in a Guardianship Practice
Chapter 7: Whom Do I Represent in Complex Fiduciary Representation?
Chapter 8: The Litigate or Not to Litigate -- That Is the Question
Chapter 9: Ancillary Services and Marketing
Appendix 1: ABA Model Rules of Professional Conduct
Appendix 2: The National Academy of Elder Law Attorneys (NAELA) Aspirational Standards
Appendix 3: ABA Ethics Opinions
Appendix 4: Supplemental Chapter Resources, Checklists, and Letters
More Information

Table of Contents PDF
Preface PDF
About the Authors PDF
Sample Chapter PDF


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