See Credit Details Below
Overview
Lawyers in many practice areas will run into situations where a client’s diminished capacity is an issue. This program will address the challenges and ethical issues for pro bono and legal services lawyers that arise when representing individuals with diminished capacity, whether because of mental illness, substance abuse or other factors. The panel will explore ethical issues that lawyers must address and offer approaches and strategies that lawyers may consider in carrying out representation in these circumstances.
What You Will Learn
After completing this program, participants will be able to:
- Recognize and understand the unique confidentiality concerns that can arise when working with clients experiencing mental health, substance abuse or capacity issues
- Manage complex conflicts and communications issues
- Navigate the duty of loyalty
- Assist clients with diminished capacity in a variety of contexts
- Apply and practice these newly developed concepts and skills through hypothetical fact patterns to illustrate how these ethical questions arise in legal services and pro bono practice settings
Pro bono volunteers at law firms and corporate law departments, legal aid and nonprofit attorneys, law students, solo and small firm practitioners, social service providers working with legal services, along with attorneys in any practice setting working with clients experiencing diminished capacity, would benefit from attending.
Special Feature: Scholarships are available to attend this program.
Program Level: Update
Prerequisites: An interest in learning best practices for ethically assisting clients with diminished capacity.
Advanced Preparation: None
Lecture Topics [Total time 00:02:15]
Segments with an asterisk (*) are available only with the purchase of the entire program.
- Opening Remarks* [00:07:57]
Katie Danielson - Serving Clients with Diminished Capacity: Ethics Issues in Legal Services and Pro Bono Practice – Application of the Rules and Hypotheticals [02:04:36]
Katie Danielson, Toby J. Rothschild, Richard Zitrin, Merri A. Baldwin
The purchase price of this Web Program includes the following articles from the Course Handbook available online:
- Complete Course Handbook
- The State Bar of California, Standing Committee on Professional Responsibility and Conduct, Formal Opinion No. 2021-207
Katie Danielson,Merri A. Baldwin,Richard Zitrin,Toby J. Rothschild - Pamela Marx, Jo Bloomfield and Naomi Sultan, Mental Health Advocacy Services, Inc., Working Effectively with Clients Who Have Mental Disabilities and Challenging Behaviors
Toby J. Rothschild - Viewpoint: Don’t Just Talk About Trust—Earn It, The Recorder (March 9, 2012)
Richard Zitrin - When to Break Attorney-Client Privilege?, The Recorder (March 4, 2013)
Richard Zitrin - Homeless Advocacy Project, Justice & Diversity Center of The Bar Association of San Francisco, Representing Clients with Mental Health Disabilities in Unlawful Detainer Cases in California (2018)
Katie Danielson
Presentation Material
- Serving Clients with Diminished Capacity: Ethics Issues in Legal Services and Pro Bono Practice 2023 (PowerPoint Slides)
Merri A. Baldwin, Katie Danielson, Toby J. Rothschild, Richard Zitrin
Why You Should Attend
Lawyers in many practice areas will run into situations where a client’s diminished capacity is an issue. This program will address the challenges and ethical issues for pro bono and legal services lawyers that arise when representing individuals with diminished capacity, whether because of mental illness, substance abuse or other factors. The panel will explore ethical issues that lawyers must address and offer approaches and strategies that lawyers may consider in carrying out representation in these circumstances.
What You Will Learn
After completing this program, participants will be able to:
- Recognize and understand the unique confidentiality concerns that can arise when working with clients experiencing mental health, substance abuse or capacity issues
- Manage complex conflicts and communications issues
- Navigate the duty of loyalty
- Assist clients with diminished capacity in a variety of contexts
- Apply and practice these newly developed concepts and skills through hypothetical fact patterns to illustrate how these ethical questions arise in legal services and pro bono practice settings
Who Should Attend
Pro bono volunteers at law firms and corporate law departments, legal aid and nonprofit attorneys, law students, solo and small firm practitioners, social service providers working with legal services, along with attorneys in any practice setting working with clients experiencing diminished capacity, would benefit from attending.
Special Feature: Scholarships are available to attend this program.
Program Level: Update
Prerequisites: An interest in learning best practices for ethically assisting clients with diminished capacity.
Advanced Preparation: None