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Techniques for Navigating Third-Party Ethical Challenges

Third parties, such as friends, family members, or others may wish to be involved or present in an older adult’s legal matter or in seeking legal advice. Sometimes, the third-party is well-intentioned and feels that their presence is helpful or necessary, but an attorney’s ethical obligations to preserve client confidentiality and autonomy generally require that they speak with their client directly and alone. This can be a challenging situation to navigate, especially when the accompanying third party wants to know, “why am I left in the waiting room?”

In these situations, to avoid ethical challenges and provide person-directed representation, it is essential that the lawyer keep the Four C’s of ethics in mind: Client identification, Conflicts of Interest, Confidentiality, and Choice. This will help make it clear from the beginning who the client is and the client’s role in identifying their desired goals.

This session will:
• Explore real world case studies;
• Provide explanations of how the ethics rules guide the lawyer to actions that have the best outcome for the client;
• Share tips for having a conversation with clients and third parties about these concepts.
Non-attorney service providers may also find this training useful, as these considerations can impact cases that are handled across disciplines and through partnerships.

Presenters:
• David Godfrey, ABA Commission on Law and Aging
• Jill M. Sauber, Sauber Legal Services LLC

Closed captioning will be available on this webinar.

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Jan 17, 2023 02:00 PM in Eastern Time (US and Canada)