Originally held on Monday, October 5, 2020 | 12:00 pm – 2:00 pm
Program Chair:
Maia Goodell
Kakalec Law PLLC
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Expert panelists will discuss the ethical requirements and best practices, including guardianship and its alternatives, “[w]hen a client’s capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason.” N.Y. Rules of Professional Conduct, Rule 1.14.
Panelists will draw on their diverse experience representing children, adults with mental health or developmental/intellectual disabilities, and older adults, in cases that range from family court to class actions
Program Fee:
$49 for Members | $99 for NonmembersMembers who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2018-2020), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
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Mikila Thompson
Legal Aid SocietyNaomi Weinstein
Mental Hygiene Legal ServiceDaniel J. Reiter
Law Firm of Daniel J. Reiter, Esq. -
12:00 – 12:05: Introduction of Program and Faculty
12:05 – 12:30: Legal Framework: When Should Lawyers Be Concerned About Client Capacity?
– Rules of Professional Conduct/Caselaw/Ethics Decisions12:30 – 12:50: Examples from Practice
– Children
– Adults with Disabilities Affecting Capacity
– Seniors/Elderlaw12:50 – 1:00: Questions/discussion
1:00 – 1:15: Alternatives to Guardianship: Supported Decision-Making
1:15 – 1:30: Guardianship Basics
– N.Y. Mental Hygiene Law Article 81
– Surrogate’s Court Procedure Act Article 17-A1:30 – 1:40: Representing Children
– Family Court Act Section 262
– Rules of the Chief Judge Section 7.21:40 – 1:45: Special Considerations for Class Actions
– Rules of Professional Conduct/Caselaw/Ethics Decisions1:45 – 2:00: Questions/discussion
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New York: 2.0 Ethics
New Jersey: 2.3 Professional Responsibility
California: 1.5 Professional Responsibility
Pennsylvania: 1.5 Professional Responsibility
Connecticut: Available to Licensed AttorneysPlease Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.
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Sponsoring Association Committee:
Mental Health Law, Karen P. Simmons, Chair
Small Law Firms, Anne Wolfson, Chair
Disability Law Committee, Katherine Rose Carroll, Chair
Civil Rights Committee, Zoey Chenitz, Chair
Children & the Law Subcommittee, Melissa J. Friedman, ChairSponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org