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Elder Law and Ethics


Product Code - TMW117
Speaker(s): Rebecca Morgan and Roberta Flowers, Stetson University College of Law
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Attorneys in all areas of practice face ethical issues. However, attorneys practicing Elder Law face some unique and sometimes very difficult ethical issues based on the nature of their clients and the interrelationship between their clients, family and caregivers. The complicated nature of government benefits and regulations, require Elder Law attorneys to maintain or even exceed the Model Rules' required level of competence. In addition, conflicts of interest can arise almost daily, especially in the areas of joint representation and/or fiduciary representation. Elder Law attorneys may face a client who has a level of diminished capacity, whether because of a disease, illness, or event, requiring the attorney to determine whether the client has sufficient capacity to perform the legal act in question. Communication and Confidentiality also raise ethical issues for Elder Law Attorneys.

Elder Law attorneys encounter situations that raise ethical, professional and even moral issues. This webinar will consider some of these ethical issues and offer suggestions for attorneys on how to avoid these dilemmas or find solutions if they find themselves in an ethical quagmire.

In 60 minutes, the presenters will cover:

  • Introduction and overview
  • The Five Commandments of Elder Law Ethics:
    • Competence of attorney
    • Conflicts of interest
    • Capacity of clients
    • Communication (Social media and accidental clients)
    • Confidentiality of information
  • Questions and wrap up

Educational Objectives

By attending this webinar, attendees will be able to:

  • Understand the requirements of competency in the elder law context
  • Learn how to avoid ethical mistakes in joint representation and/or fiduciary representation,
  • Appreciate the important ethical responsibilities when dealing with clients who may have diminished capacity,
  • Recognize the ethical issues that can arise through the use of social media, and
  • Learn to spot the pitfalls of providing confidential information to family members

Who Should Attend?

  • Attorneys who practice in the field of Elder Law or related areas
  • Attorneys who encounter diminished capacity clients on a regular basis
  • Attorneys who currently are or who are considering using of social media in their practice

Prerequisite: None
Level: Introductory
Delivery method: Group Interactive Live
Recommended CPE credit: 1.0 credit 

Rebecca Morgan and Roberta Flowers, Stetson University College of Law

Roberta K. Flowers is a professor of law at Stetson University College of Law. Within the Elder Law LL.M. program, Professor Flowers teaches Ethics in an Elder Law Practice. She also teaches Evidence, Criminal Procedure, and Professional Responsibility. While at Stetson, Professor Flowers has has served as the director of the Center for Excellence in Advocacy and as the William Reece Smith Jr. Distinguished Professor in Professionalism. During her time at Stetson, Professor Flowers has received the university-level Excellence in Teaching Award, Most Inspirational Teacher Award from the Student Bar Association, and an award from the Student Bar Association for supporting student life. She also has received the university-level Homer and Dolly Hand Award for Excellence in Scholarship, the Dean's Award for Extraordinary Service, and been awarded the Distinguished Service Award four times. In 2005, the Florida Supreme Court awarded Professor Flowers the Faculty Professionalism Award.

Professor Flowers has lectured worldwide on the topic of ethics. She won a Telly Award for Excellence in Educational Films for having produced a series of educational videos on the ethical issues faced by prosecuting attorneys. Along with Professor Rebecca Morgan, she created a video series used to train and educate attorneys nationwide on the ethical dilemmas faced by elder law attorneys. The Florida Supreme Court awarded Professor Morgan and Professor Flowers the Florida Supreme Court Professionalism Award for their video productions. Additionally, with Professor Morgan, Professor Flowers designed the nation's first "elder friendly courtroom," which serves as model for courtrooms of the future.

Professor Flowers graduated magna cum laude from Baylor University in 1979 with a bachelor's degree in psychology. She received her J.D. from the University of Colorado in 1984, where she was selected to be a member of the Order of the Coif.

Rebecca C. Morgan is the Boston Asset Management Faculty Chair in Elder Law, the director of the Center for Excellence in Elder Law at Stetson University College of Law and the director of Stetson's online LL.M. in Elder Law. Professor Morgan teaches a variety of elder law courses in the J.D. and LL.M. and oversees the elder law concentration program for J.D. students. She is the successor co-author of Matthew Bender's Tax, Estate and Financial Planning for the Elderly, and its companion forms book, and a co-author of Representing the Elderly in Florida and The Fundamentals of Special Needs Trusts. She is a member of the elder law editorial board for Matthew Bender.

Professor Morgan was the recipient of the 2003 Faculty Award on Professionalism from the Florida Supreme Court Commission on Professionalism. She received the NAELA Unaward in November 2004 from President Stu Zimring for her accomplishments in the field of elder law. Professor Morgan, along with Professor Roberta Flowers, received the 2005 Project Award on Professionalism from the Florida Supreme Court Commission on Professionalism for their video series on ethics in an elder law practice. She received the 2006 Rosalie Wolf Memorial Elder Abuse Prevention Award from the National Committee for the Prevention of Elder Abuse. She received the Homer & Dolly Hand Award for Faculty Scholarship in May of 2008, and the NAELA President's Award from NAELA President Mark Shalloway in May of 2008. Professor Morgan was the 2009 recipient of the Treat award from the National College of Probate Judges.