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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
