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            1. Dialogue with the Minnesota Office of Lawyers Professional Responsibility on Sticky Issues facing Elder Law Attorneys

              Event Description

              Deadline to Register: September 17, 2019

              Lunch will be provided. On-site registration will begin at 11:30 am. The program will begin at noon.

              The practice of Elder Law includes daily considerations of two main issues addressed in the Minnesota Rules of Professional Conduct – 1) who is the client; and 2) does the client have capacity.  From the answers to these two questions flow ethical duties related to confidentiality, communication, protection, client conflict, and informed consent.  These issues become sticky when considering many (if not most) clients are operating within a principal/agent relationship and some (if not many) clients have some form of diminished capacity.  There are many practical considerations in representation when considering the rules and talking with the Office of Lawyers Professional Responsibility on interpretation of the rules for Elder Law attorneys.  Clarity, understanding, and dialogue is needed to further the objectives of both professional ethical conduct and meeting the needs of elder clients, who may go underserved without the assistance of an agent or family member. 

              Susan Humiston, Director of the Minnesota Office of Lawyers Professional Responsibility, will provide a short presentation followed by Q&A to encourage dialogue on the following sticky issues facing Elder Law Attorneys:

              ? What is the practical application of “informed consent” under MRPC 1(f), particularly for a client with mild to moderate cognitive impairment?
              ? How is an agent to give consent to representation on behalf of the principal?
              ? How is conflict addressed between the agent and the principal, based on MRPC 1.7 and 1.8?
              ? What is the practical application of MRPC 1.4 as to communication and MRPC 1.6 as to confidentiality, when working with a principal and agent?
              ? What is the practical application of MRPC 1.14 as to working with a client with diminished capacity?


              Susan Humiston, Director, Minnesota Office of Lawyers Professional Responsibility

              Suzanne Scheller, Esq., Attorney, Scheller Legal Solutions, LLC

              CLE Credits:

              1.5 Ethics CLE Credits Applied | Event Code:  278357


              Section Member:  $5
              MSBA Member not in the section:  $10 (or see offer below)
              Non-MSBA Member:  $25
              Law Student:  Free

              Join the Section and attend this CLE for Free!
              MSBA members who are not members of the Elder Law Section can join the Section for $25 and attend this CLE for Free.  Must call Tram Nguyen at 612-278-6316 to register under this option.

              Remote Participation: 

              Remote participation via webcast is available. Please indicate this option when registering. Instructions will be emailed to you the week day prior to 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

              The MSBA is committed to creating an inclusive environment in which all members can participate fully. If you need reasonable accommodations to participate in this event, please notify Tram Nguyen via 612-278-6316 or email: tnguyen@mnbar.org.  Please provide notification at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations.


              Register for this Event

              Pre-registration for this event is closed. Space is still available and you may register at the door.

              Pre-Registration is Closed

              Thursday, September 19, 2019

              12:00 PM to 1:30 PM

              Glacial Lakes Room / Minnesota State Bar Association Minneapolis, MN United States