Wednesday, March 26, 2014
Roberta K. Flowers & Rebecca C. Morgan recently published an article entitled, Ethics in the Practice of Elder Law, sponsored by the Section of Real Property, Trust and Estate Law. Provided below is a synopsis of the book:
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 "C_s" of elder law ethics: Competency, Client, Confidentiality, Conflicts of interest, Capacity, Control, Complex fiduciary representation, and Consulting.
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.