Diminished Capacity
11/17/2009 9:55:49 AM EST
Representing Clients with Diminished Capacity
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At the ABA Annual meeting this past summer, I attended a CLE program entitled “Representing Clients with Diminished Capacity: Ethical Challenges and Strategies in an Age of Elder Abuse.” Hosted by the American Bar Association through, among others, the ABA Section of Individual Rights and Responsibilities, ABA Commission on Law and Aging, and the ABA Real Property, Trust and Estate Law Section, the program highlighted Model Rules of Professional Conduct 1.6 (Confidentiality of Information) and 1.14 (Client with Diminished Capacity) . I write to share several of the useful resources recommended by panelists Nina Kohn and Charlie Sabatino, which are as follows:
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Robert B. Fleming & Rebecca C. Morgan,
LAWYERS' ETHICAL DILEMMAS: A "NORMAL" RELATIONSHIP WHEN REPRESENTING DEMENTED CLIENTS AND THEIR FAMILIES, 35 Ga. L. Rev. 735 (2001).**
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I highly recommend the course if it is offered again.
**This Law Review article can be accessed if you have a subscription to lexis.com.
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