Deadline to Register: December 15,
2015
On-site registration will begin at 11:45 AM.
In-person attendees
may feel free to bring a lunch. Beverages will be provided.
“Who’s the client?” is an important
question in any elder law practice. While the legal issues may most directly
affect a senior, another person may be initiating contact with the attorney.
This lunchtime seminar will examine the following ethical questions related to
representation conducted through a senior’s attorney-in-fact:
• What important considerations
influence the duties an attorney owes to 1) a senior and 2) an attorney-in-fact
where the representation involves legal issues that affect the
senior?
• If an attorney identifies the senior as the client and the
senior indicates that the attorney should conduct the representation through the
senior’s attorney-in-fact, what factors should influence when and how frequently
the attorney communicates directly with the senior?
• How can an
attorney effectively explain to the attorney-in-fact that he or she represents
the senior, or if the attorney represents the attorney-in-fact, effectively
explain that the attorney represents the attorney-in-fact as a fiduciary and not
with respect to the attorney-in-fact’s personal interests?
• Do the
duties of an attorney toward an attorney-in-fact granted durable power of
attorney change if the senior client loses relevant decision-making capacity
during the representation? If so, how?
Attorneys Michael J. Burke and Judith Rush
will walk seminar participants through their assessments of these considerations
and ethical questions, and address how a complaint against an attorney would be
handled in the disciplinary system.
Mr. Burke will lend his experience from
over 25 years of practice in estate planning, probate, real estate,
guardianship, and conservatorship. He has litigated disputes in probate,
guardianship, and conservatorship. He is a former chair of the MSBA Elder Law
Section and currently co-chairs the Ramsey County Bar Association’s Real Estate
Section.
Ms. Rush, current Chair of the Minnesota
Lawyers Professional Responsibility Board, brings her experience as a volunteer
in the lawyer disciplinary system for 18 years and member of the Minnesota
Supreme Court Task Force on the Discipline System, as an ethics lawyer, and as
an adjunct professor who taught professional responsibility at Hamline Law
School and William Mitchell College of Law.
Presenters:
Michael J. Burke, Attorney at Law | Michael J. Burke Law
Office
Judith Rush, Director of Mentor Externship | University
of St. Thomas School of Law
CLE Credits:
1.0 Ethics Credit (application pending) | Event Code: 213208
Cost:
Elder Law Section Member: Free
MSBA Member not in the Elder Law Section: $15.00
Join the Section and attend this CLE for Free: $25.00 | MSBA members who are not members of the
Elder Law Section can join the Section and attend this CLE for Free. Not avaialble
for on-line regsitration. Call Tram Nguyen at 612-278-6316 to take advantage of this
offer).
Non-MSBA Member: $30.00
Law
Student: Free
Details:
Please feel free to
bring your own lunch to this seminar. Water and
soft drinks will be provided.
Remote Participation:
Teleconferencing and webcasting are available. Please indicate
remote participation when registering. Instructions will be emailed to you
the day before the CLE.
Want more information about the Elder
Law Section ?
To register with a check, please mail in this
registration form.
Need to cancel? Please see our cancellation policy.
Questions? Contact Tram
Nguyen | 612-278-6316