Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, May 28, 2013

A Book On Elder Law Ethics

EthicsElderRoberta K. Flowers (Professor of Law, Stetson University College of Law, DeLand ) and Rebecca C. Morgan (Professor of Law, Stetson University College of Law, DeLand ) recently published Ethics in the Praactice of Elder Law (2013). A description from American Bar of the book is below:
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.


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