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Full-Text Articles in Law
E-Ethics, Michael K. Mcchrystal
E-Ethics, Michael K. Mcchrystal
Marquette Elder's Advisor
The fit between laws regulating professional ethics and the means of conducting business, particularly telecommunications and computer technology, has become tenuous. Here, McChrystal examines recent legal decisions concerning electronic transmission of information and discusses the impact of Internet messages and e-mail on attorney-client privilege.
Ethical Issues In Medicaid Planning, C. Michael Shallowy
Ethical Issues In Medicaid Planning, C. Michael Shallowy
Marquette Elder's Advisor
This article presents the importance of understanding the fairness exceptions to Medicaid. The elderly appear to have a general discomfort with getting something for free. Medicaid is a government program that almost all elderly individuals have contributed to over their life times. This article argues that Medicaid can reduce the psychological harm associated with the need for long-term nursing care.
Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand
Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand
Marquette Elder's Advisor
The article discusses the ethical considerations for attorneys representing husbands and wives with potential conflicts of interest. It discusses several common situations that by their very nature raise potential conflicts of interest between the spouses when they consider estate planning. These situations include prenuptial agreements, blended families, and inherited wealth.
The Communitarian Approach In The Elder Law Construct, A. Frank Johns
The Communitarian Approach In The Elder Law Construct, A. Frank Johns
Marquette Elder's Advisor
Johns suggests that the proposed revisions to the Model Rules do not go far enough in their approach to multiple party representations in elder law issues. He discusses initial client contact, formation of the client-lawyer relationship, client confidences in multiple representation, and intergenerational conflicts. Three interesting case studies are included to highlight the problems that can arise.
Has Your Client Lost It? Ethical Considerations In Estate Planning, Marita K. Marshall, Frayda L. Bruton
Has Your Client Lost It? Ethical Considerations In Estate Planning, Marita K. Marshall, Frayda L. Bruton
Marquette Elder's Advisor
This article examines competence issues that lawyers may encounter with a new client with suspect competency or a current client who is now incompetent or whose competency is questionable.
Representing The Mentally Impaired Client, James V. Quillinan
Representing The Mentally Impaired Client, James V. Quillinan
Marquette Elder's Advisor
In this series of articles, the author discusses three troublesome guardianship cases from legal and medical perspectives. Statues and forms for practitioners are provided.
Physical Therapists As Consultants To Elder Law Attorneys And Clients, Ron Scott
Physical Therapists As Consultants To Elder Law Attorneys And Clients, Ron Scott
Marquette Elder's Advisor
Physical therapists can act as valuable consultants to attorneys practicing elder law and their clients. This article presents an overview of this profession, including areas of practice, certification, ethics code, and information on contacting physical therapists.
Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp
Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp
Marquette Elder's Advisor
In medical malpractice litigation, providing legal representation to older patients or their healthcare providers carriers significant ethical implication. However, there has been little scholarly or practical discussion of legal ethics concerning circumstances in which the medical malpractice plaintiff is an older person. The author sets forth a tentative outline of key issues that should be included in an analysis of legal ethics in the medical malpractice context, particularly when an older patient is involved.
More Thoughts About Suicide In The Elderly, Richard E. Finlayson
More Thoughts About Suicide In The Elderly, Richard E. Finlayson
Marquette Elder's Advisor
No abstract provided.