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Ethical Challenges in Supporting Client Independence and Autonomy


Level: Advanced
Runtime: 93 minutes
Recorded Date: February 27, 2018
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Agenda

2:00 pm - 3:30 pm
  • Identify best practices for working with a family in line with ethical guidance
  • Understand the difference between confidentiality and privilege
  • Learn four steps to address payment by a third party Understand best practices for working with a client with diminished capacity
  • Know three ways the model rules support a lawyer advocating for client’s independence and autonomy
Runtime: 1 hour and 33 minutes
Recorded: February 27, 2018

Description

Supporting a client's desire for independence and autonomy raises myriad ethical challenges when family members disagree or when there are serious questions about the clients' capacity. This session will apply the model rules to common scenarios to illustrate conflicts in determining who the client is, the rules for third party payment of the lawyer, communicating with the client, client confidentiality, and working with a client with diminished capacity.

This program was recorded on February 27th, 2018.

Provided By

American Bar Association
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Panelists

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Eleanor Crosby Lanier

Mediation Precticum Director & Clinical Professor
University Of Georgia School of Law

Eleanor C. Lanier is the director of Georgia Law's Mediation Practicum, and she serves as a clinical professor.

Previously, she was a consulting attorney and mediation trainer for The Center for Social Gerontology in Ann Arbor, Mich., which pioneered the use of elder mediation. She has worked as an attorney for the AARP Foundation in Washington, D.C., as a managing attorney for the Georgia Senior Legal Hotline, as a legal services developer for the Georgia Division of Aging Services and as a staff attorney for Georgia Legal Services.

Lanier is a registered mediator and arbitrator with the State of Georgia Office of Dispute Resolution and is qualified to mediate a wide range of disputes, including disputes under the ADA and IDEA. She is the co-author of "Adult Guardianship in Georgia: Are the Rights of Proposed Wards Being Protected? Can We Tell?" in the Quinnipiac Probate Law Journal and "Ethical Considerations in Medicaid Estate Planning" in the Fordham University Law Review. Lanier has been appointed to the American Bar Association Commission on Law and Aging for a one-year term. She is also serving a three-year term on the State Bar of Georgia Access to Justice Committee.

She has received numerous awards and was among the first class of inductees into the Elder Rights Hall of Fame. Additionally, the National Association of Senior Legal Hotlines created a scholarship in her honor that is given annually to a staff member who best demonstrates Lanier's "generosity of spirit and unflagging, open and joyful commitment to the cause of the senior legal hotlines."

Lanier earned her bachelor's from Vassar College, her master's degree in political science from UGA and her Juris Doctor from Emory University.

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David Godfrey

Senior Attorney
ABA Commission on Law & Aging

David M. Godfrey, J.D., is a senior attorney to the American Bar Association Commission on Law and Aging in Washington DC. He is responsible for the ABA’s role in the Administration on Community Living funded National Center on Law and Elder Rights and for producing the ABA National Aging and Law Conference. David’s expertise includes supported decision making, advance care planning, health care decision making, legal service delivery, legal ethics, and LGBT aging. Prior to joining the Commission he was responsible for elder law programming at Access to Justice Foundation in Kentucky.

Mr. Godfrey earned his B.A. with honors at Rollins College in Winter Park, Florida, and his J.D. cum laude from the University Of Louisville School Of Law in Kentucky.


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