Ethical Quagmires: Representation of Vulnerable Adults

Duration: 60 Minutes


Program Description:

This presentation will provide an overview of the unique ethical considerations that arise when representing vulnerable adults, seniors, and clients with diminished capacity.

Topics to Include:

• Identifying your Client: Who is your client? Does the client have the capacity to retain you?
• Conflicts of Interest: How do you handle disputes between a client with diminished capacity and legal representative?
• Attorney-Client Privilege: Does ACP attach to discussions with legal representative?
• Scope of Representation: When can the attorney-client relationship be terminated? When should it be terminated?
• Considerations Unique to Vulnerable Adults: When does the Court need to be involved in the approval of a settlement? How can a guardian or conservator impact your representation and a client’s claim? How will a client’s Medicaid eligibility be impacted by a settlement?
• Duties to Client: What duties do you have to your clients with diminished capacity? How do you maintain a normal client-lawyer relationship?
• Plus- Hypotheticals!