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Ethical Issues When Representing the Elderly (Teleseminar)
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Ethical Issues When Representing the Elderly (Teleseminar)

1 CLE hour, including 1 Ethics hour

When: 03/12/2015
1:00 PM to 2:00 PM
Contact: (404) 521-0781

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One-hour CLE programs are just a phone call away
Convenient, affordable, timely and informative
An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

Ethical Issues When Representing the Elderly - 1 CLE hour, including 1 Ethics hour

Many ethical issues arise when lawyers represent elderly clients. Foremost may be determining whether a client has the capacity to make valid and legally enforceable decisions – and if the client does not, determining who can make decisions for the client. There are also manifold conflict of interest issues, including whether direction is taken from the elderly person or the other person (often an adult child of the putative client) who is paying for the representation. There are also issues involving the exercise of undue influence by a caregiver or other person, including the validity of gifts to that person.  Issues of preserving confidentiality and the attorney-client privilege when meetings are held in the presence of children or third-parties are also very important. This program will provide you with a practical guide to the most important ethical issues when lawyers represent elderly clients.

Determining whether your elderly client has capacity – and identifying your client 
Practical alternatives if you determine a client doesn’t have capacity
Conflicts of interest between the elderly client and the person paying for the representation, including the validity of gifts 
Preserving confidentiality and the attorney-client privilege when a caregiver or third party is in client meetings
Clients who lose capacity during a continuing representation
Ethical issues involved with undue influence over the elderly – what should you do? 
Elder abuse issues – how to spot it and what to do if you discover it 


Adam M. Fried
is a partner in the Cleveland office of Reminger, Co., LPA, where he has an has extensive fiduciary litigation practice, representing beneficiaries, trustees, executors, guardians, and others challenging estate planning documents and conduct beyond wealth transfers.  A nationally recognized expert on elder abuse, he has been invited to lecture to the American Academy of Forensic Psychiatrists and the Law on undue influence claims and the exploitation of the elderly.  He is a member of the governing council of the Ohio State Bar Association Estate Planning, Trust & Probate Section.  Mr. Fried received his B.A. from The Ohio State University and his J.D. from Case Western Reserve School of Law.

William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.

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