This program will cover the uniquely difficult challenges to the decision-making paradigm when representing cognitively impaired, older adults; should the representation of a client with diminished capacity always be client-directed-even if the lawyer knows that the client's objectives will harm the client; when, if ever, may a lawyer substitute the lawyer's judgment for that of the client to do what the lawyer believes is in the client's best interests; may the lawyer disclose confidential client information to third parties to obtain decision-making assistance for an impaired client; who decides objectives [MRPC 1.2(a)]; from whom the lawyer accepts direction [MRPC 5.4(c)], other confidentiality obligations [MRPC 1.6], conflicts of interest [MRPC 1.7-1.9] and other issues related to MRPC 1.14.

When representing cognitively impaired older adults, lawyers regularly encounter ethical minefields, especially because of the complex interplay of family involvement, diminished capacity and fiduciary arrangements. This program will assist lawyers in identifying the issues that may call into question their ethical duties and how to best protect their client’s legal interests.

Panelists will discuss:
Identifying actions you need to take to protect your license as well as the client's legal interest under MRPC 1.14
Preserving the attorney-client privilege when other family members become involved under MRPC 1.6
Identifying potential conflicts of interest related to the payment of the fee, scope of representation, and multiple representation of parties
List Price: $195.00
ABA Member Price: $150.00
Sponsor Member Price: $95.00
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