(Webcast) Representing Clients with Diminished Capacity: Ethical Rules and Best Practices

Monday, October 5, 2020 | 12:00 pm – 2:00 pm

Program Chair:
Maia Goodell Photo
Maia Goodell
Kakalec Law PLLC

  • 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 Nonmembers

    Members 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.

  • Mikila Thompson
    Legal Aid Society

    Naomi Weinstein
    Mental Hygiene Legal Service

    Daniel 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 Decisions

    12:30 – 12:50: Examples from Practice
    – Children
    – Adults with Disabilities Affecting Capacity
    – Seniors/Elderlaw

    12:50 – 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-A

    1:30 – 1:40: Representing Children
    – Family Court Act Section 262
    – Rules of the Chief Judge Section 7.2

    1:40 – 1:45: Special Considerations for Class Actions
    – Rules of Professional Conduct/Caselaw/Ethics Decisions

    1:45 – 2:00: Questions/discussion

  • New York: 2.0 Ethics
    New Jersey: 2.3 Professional Responsibility
    California: 2.0 Professional Responsibility
    Pennsylvania: 1.5 Professional Responsibility
    Connecticut: Available to Licensed Attorneys

  • 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, Chair


    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org