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About the Teleseminar
Elder abuse and undue come in many forms – some overt like physical harm, others more difficult to detect like the use of undue influence for purposes of financial exploitation. The abuse or undue influence can be exerted by family members of the elderly, caretakers or others. Frequently, attorneys have a privileged view of these forms of abuse and are left in the excruciating position of maintaining strict adherence to the duty of confidentiality and the desire to do rectify the abuse. This program will provide you with a real-world guide to major ethical issues related to competence, confidentiality, the attorney-client privilege and when an attorney may or is required to break client confidences to report abuse.
- Attorney ethics when elder abuse and undue influence are discovered or suspected
- Types of elder abuse – physical abuse and financial exploitation
- Spotting sources of undue influence and abuse – isolation, dependence, intellectual disabilities
- Ethical issues when clients have or are suspected of having competence issues
- Joint representations involving abuse or undue influence
- Circumstances when confidentiality may or is required to be broken for reporting purposes
About the Speakers
Adam M. Fried is a partner in the Cleveland office of Reminger, Co., LPA, where he has an extensive fiduciary litigation practice, representing beneficiaries, trustees, executors, guardians, and others challenging estate planning documents and conduct beyond wealth transfers. A nationally recognized expert on elder abuse, he has been invited to lecture to the American Academy of Forensic Psychiatrists and the Law on undue influence claims and the exploitation of the elderly. He is a member of the governing council of the Ohio State Bar Association Estate Planning, Trust & Probate Section. Mr. Fried received his B.A. from The Ohio State University and his J.D. from Case Western Reserve School of Law.
Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections. For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.
William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management. He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years. He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct and past chair of the ABA Business Law Section Committee on Professional Responsibility. He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com. Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.
Mandatory MCLE Credit Hours
This seminar qualifies for 1.0 MCLE Credit Hour, including up to 1.0 LEPR Credit Hour