Ethics in the practice of elder law.

Cover; Title Page; Copyright; Contents; Dedication; Acknowledgments; Preface; About the Authors; Chapter 1 Where to Go for Guidance; I. Overview; II. An Elder Law Attorney's Duties; A. Competency; B. Professionalism; III. Guidance-Ethical Resources for the Elder Law Practice; A. Model Rules of Professional Conduct; B. The NAELA Aspirational Standards; IV. Duties, Disciplinary Matters, and Liability; Conclusion; Chapter 2 Who Is the Client?; I. Why Do We Need to Identify the Client?; II. How Do We Identify the Client?

III. What Is the Role/Relationship of Everyone Else "Present" in the Representation?IV. How Does the Attorney Interact with Non-clients?; Chapter 3 Who Can I Talk To?; I. Confidential Information; A. The Definition of Confidential Information; B. Exceptions to the Rule of Confidentiality; II. Attorney/Client Privilege; III. Special Issues in Elder Law; A. Confidentiality in Joint Client Representation; B. Confidentiality and the Diminished-Capacity Client; C. Confidentiality and Fiduciary Relationships; Conclusion; Chapter 4 Who Can I Represent?; I. Protecting Concurrent Clients.

II. Protecting Former ClientsA. Is the Person a Former Client?; B. Is the Matter Materially Adverse to the Former Client?; C. Is the Matter the Same or Substantially Related?; D. Will the Former Client Consent?; III. Protections of Prospective Clients; IV. Conflicts with Personal Interests; Conclusion; Chapter 5 Representing Clients Who May Have Diminished Capacity; Introduction; I. Defining Diminished Capacity; II. Assessing Diminished Capacity; III. Maximizing a Client's Capacity; IV. Criteria for Taking Protective Action; V. What Protective Action to Take; Conclusion.

Chapter 6 Who Can I Represent: Ethical Issues in a Guardianship PracticeIntroduction; I. The Existing Client Who Needs Protective Action; II. An Attorney Is Involved in the Petition to Determine Capacity and Appoint a Guardian, Representing Either the Petitioner or the Alleged Incapacitated Person; A. Representing the Petitioner When the Alleged Incapacitated Person Is a Current or Former Client; B. Representing the Alleged Incapacitated Person in an Incapacity/Guardianship Proceeding; III. The Attorney for the Guardian; Conclusion.

Chapter 7 Whom Do I Represent in Complex Fiduciary Representation?I. What Is a Fiduciary?; II. Competence; III. Who Is the Client?; IV. Scope of Representation; V. Duties to Beneficiaries; VI. Confidentiality; A. When the Attorney Initiates the Disclosure; B. When the Attorney Receives a Request for Information; VII. Conflicts of Interest; VIII. Withdrawal from Representation; IX. The Attorney Serves as Fiduciary; Conclusion; Chapter 8 To Litigate or Not to Litigate-That Is the Question; I. Witness Preparation; II. Litigation Ethics; Conclusion; Chapter 9 Ancillary Services and Marketing.