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Ethical Issues in Elder Law Practice: Client Identification, Confidentiality, Capacity, Conflicts, AI Use

This program offers 90 minutes of ethics credit.

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, November 19, 2024

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE webinar will discuss the unique ethical issues encountered by elder law attorneys and will offer guidance on best practices for compliance with ethical rules and acting in the best interests of the client.

Description

Elder law is a specialized area of legal practice, and elder law attorneys frequently face ethical issues that are specific to the aging population they serve. Practitioners must carefully navigate these ethical challenges to ensure full protection of the rights, dignity, and well-being of their clients.

Unlike many other areas of law, elder law often involves multiple stakeholders, including the elderly client, family members, and caregivers. These parties may have conflicting interests with respect to decisions impacting the client. As there is often more than one person involved on the "client" side of attorney-client relationships, it is important to identify and document who the client is.

Another common ethical concern is the issue of diminished capacity of the client. Where it exists, diminished capacity can impact a client's ability to make reasoned decisions about their legal, financial, and healthcare matters. Attorneys must carefully assess a client's capacity and avoid assuming incapacity based on age or occasional memory lapses.

Among the other critical ethical issues elder attorneys face are confidentiality, scope of representation, guardianship and conservatorship issues, and communicating with unrepresented parties. And, as it does when used in other practice areas, the use of AI tools in elder law also raises ethical and privacy concerns.

Listen as our panel discusses the ethical considerations that frequently arise in elder law practice and explains how attorneys can effectively navigate ethical challenges and act in the best interests of their clients.

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Outline

  1. Sources of ethical guidance for attorney conduct
    1. Rules of professional responsibility/rules of professional conduct
    2. Ethics opinions
    3. NAELA Aspirational Standards
  2. Common ethical issues in elder practice
    1. Client identification
    2. Conflicts of interest and communicating with nonclients
    3. Diminished capacity
    4. Confidentiality
    5. Other issues
  3. Ethical issues related to the use of AI in elder practice
  4. Best practice tips for compliance with ethics rules, principles, and guidelines

Benefits

The panel will discuss these and other key issues:

  • What are the key ethical concerns elder law attorneys face?
  • What are the elder law attorney's ethical obligations and considerations when using AI?
  • What rules of professional conduct govern the ethical considerations that arise during a lawyer's representation of elderly clients?

Faculty

Davis, Lenore
Lenore S. Davis

Attorney
The Law Offices of Lenore S. Davis

Ms.Davis, Esq. is an attorney admitted to the bars of the State of New York and New Jersey. She has been...  |  Read More

Elizabeth Valentin
Elizabeth Valentin

Assistant Professor of Law
New York Law School

Elizabeth Valentin is a Assistant Professor of Law at New York Law School, where she teaches Legal Practice, Advanced...  |  Read More

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Cannot Attend November 19?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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