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Ethical Considerations and Best Practices When Representing Low Income and Vulnerable Individuals: Clients with Diminished Capacity


Level: Advanced
Runtime: 62 minutes
Recorded Date: December 16, 2019
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$75

Archived
Unavailable for Purchase

Agenda


  • Overview
  • Rule 1.14: Clients with Diminished Capacity
  • Rule. 1.1: Competence
  • Rule 1.4: Communication
  • Rule 1.6: Confidentiality of Information
  • Hypothetical Scenarios
Runtime: 1 hour, 2 minutes
Recorded: December 16, 2019
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

This seminar will explore ethical issues confronting civil legal aid and/or pro bono lawyers who represent clients with diminished capacity. ABA Model Rule of Professional Conduct 1.14 provides the backdrop for the discussion. Representing clients with diminished capacity implicates other ABA Model Rules as well; for example, ABA Model Rule 1.4 (Communication) and ABA Model Rule 1.6 (Confidentiality).

Faculty will use scenarios to illustrate ethical dilemmas and solutions, so that you will better understand how to work with low-income and vulnerable clients ethically and effectively, and in a way that is trauma-informed and builds trust.

This program was recorded on December 16th, 2019.

Provided By

American Bar Association
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Panelists

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Marianne J. Conrad

Managing Attorney
Indiana Legal Services, Inc.

Marianne J. Conrad is the Managing Attorney at Indiana Legal Services, Inc.

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Jenny Mittelman

Deputy General Counsel
State Bar of Georgia

Jenny Mittelman is the Deputy General Counsel of the State Bar of Georgia.

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Ellyn S. Rosen

Deputy Director ABA Center for Professional Responsibility
American Bar Association

Ellyn S. Rosen is the Regulation and Global Initiatives Counsel of the American Bar Association Center for Professional Responsibility. She advises the ABA Standing Committee on Professional Regulation (previously Professional Discipline), whose mission is to assist the judiciary and the bar in the development, coordination, and strengthening of professional regulation throughout the United States, including the assessment of the ramifications of global legal regulatory and practice developments.

Ms. Rosen was Counsel to the ABA Commission on Ethics 20/20 (2009-2013), which reviewed and recommended changes to the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in response to the challenges that globalization and advances in technology present to clients, lawyers, law firms, and the public. She advises the ABA Task Force on International Trade in Legal Services, which monitors the free trade agreement negotiations affecting legal services and provides input to the Office of the United States Trade Representative. She liaises with the Conference of Chief Justices, National Organization of Bar Counsel, National Council of Lawyer Disciplinary Boards, and the Association of Professional Responsibility Lawyers. She speaks frequently at international, state and local bar programs regarding ethics, the regulation of the legal profession, and professionalism.

Prior to joining the Center in 1996, Ms. Rosen was a senior litigation counsel with the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. She serves on the Executive Committee and Board of Governors of the Chicago Council of Lawyers, is the Chair of the International Bar Association BIC Regulation Committee, and was a member of the International Bar Association Professional Ethics Committee (2009-2010). She co-chaired the Chicago Bar Association’s Young Lawyers Section Professional Responsibility Committee (1997-1999), and served as an investigator and interviewer for the Illinois Alliance of Bar Associations for Judicial Evaluations (2000-2013). The Alliance evaluates and rates candidates seeking judgeships in Illinois via appointment or election.

Ms. Rosen is a Fellow of the American Bar Foundation. In 1989, Ms. Rosen received her J.D. with honors from the Indiana University School of Law in Bloomington, Indiana.

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