| Representing Children and Other Clients under a Disability
Unraveling the Ethical and Practical Issues After Georgette
Sponsored with the Flaschner Judicial Institute, the Juvenile Justice Center & CPCS
Please Note: This course has already
been held.
Date: Friday, September 05, 2003
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:30 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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In Adoption of Georgette, the Supreme Judicial Court confronted the question of the role of counsel for an impaired client under Rule 1.14 of the Mass. Rules for Professional Conduct.
The Court noted the challenges raised for judges in such circumstances: ?should the judge press counsel to explain the problem?, or appoint multiple counsel in the event multiple incapacitated clients, such as siblings, assert differing positions, or examine the client in camera? ?[I]s a guardian ad litem necessary, and where, in a time of shrinking resources and budgets, does the judge find funds to provide the necessary assistance?? After sampling some of the many standards and treatises addressing the issue, the Court concluded that the subject required clarification and asked its Standing Advisory Committee on the Rules of Professional Conduct to study the problem, consult with interested judges, lawyers and agencies and formulate new or revised rules, commentary, or guidelines.
This course represents an initial effort to address the problems identified by the Court and to consider the kinds of clarification of Rule 1.14 that judges and practitioners may identify, both in cases involving appointment of counsel and those in which a court may appoint a guardian ad litem/next friend for a person under disability. Combining panel discussions among judges and lawyers experienced in dealing with such clients with workshops in which participants will bring their experience to bear to address specific problems, the program will first seek to define ?disability?, ?impairment? and ?incompetence? for Rule 1.14 purposes. It will then move to discuss the roles of counsel and guardians ad litem/next friends, the court and the client in shaping the representational model.
Attend and Learn:
- How do you define your client?s legal rights and determine your legal position?
- What is your role if your client is legally incapacitated or incompetent in fact?
- What tools are available to determine the level of capacity of the client?
- If you determine the client is not capable, how should you protect yourself and your client?
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Tony DeMarco
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Director, Juvenile Justice Center, Suffolk University Law School |
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Honorable James V. Menno, Associate Justice
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Associate Justice, Probate & Family Court, Plymouth Division |
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Edward M. Ginsburg, (Ret.)
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Senior Partners for Justice, Volunteer Lawyers Project, Boston |
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Honorable Edward F. Donnelly, Jr., Associate Justice
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Middlesex Probate & Family Court |
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Thomas R. Finn
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Suffolk University Law School, Boston |
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Robert Fleischner, Esq.
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Center for Public Representation, Northampton, MA |
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Honorable Gail L. Perlman (ret.)
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Hampshire Probate & Family Court |
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Daniel C. Crane
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Office of the Bar Counsel, Boston, MA |
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James R. DeGiacomo
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Murtha Cullina LLP, Boston |
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R. Susan Dillard
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CPCS - Children and Family Law Program, Boston |
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Carol A. Erskine
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Juvenile Court Department, Boston |
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Kenneth D. Herman
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MGH, Children and the Law Program, Boston |
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Brigid C. Kennedy-Pfister
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Children’s Law Center of Massachusetts, Lynn |
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| S C H E D U L E / A G E N D A |
| 9:00 |
Welcome & Introduction |
Jinanne S.J. Elder, Esq., Chairperson
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| 9:10 |
Representing Impaired Clients as Counsel or GAL/ Next Friend |
- How to define “disability”/“impairment”/”incompetence” for 1.14 purposes
- Forensic techniques for identifying different kinds of “disability” - legal and in fact? difference between “disability” and “capacity”?
- Judicial perspectives on right to appoint counsel/ GAL, discretion to appoint
- The lawyer’s dilemma
Honorable Edward M. Ginsburg, Daniel C. Crane, Esq., Robert D. Fleischner, Esq., Kenneth D. Herman, Ph.D., J.D. & Honorable Gail L. Perlman
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| 11:00 |
Concurrent Workshops |
Issues in Representing Clients with Different Types of Disabilities as Counsel or GAL/Next Friend
Children - Tony DeMarco, Esq. & R. Susan Dillard, Esq.
Mental Health - Honorable Carol A. Erskine & Robert D. Fleischner, Esq.
Elders - James R. DeGiacomo, Esq. & Honorable James V. Menno
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| 12:00 |
Lunch (on your own) |
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| 1:00 |
Shaping the Representational Role for Impaired Clients as Counsel or GAL/Next Friend |
- The role of the court - mandatory v. discretionary appointments and identifying the representational roles and proceedings in which they occur: GAL/Next Friend, Counsel, other?
- Party status and standing (intervention?) Do the functions/roles differ?
- The role of the zealous advocate: What, if any, is the role of “best interests” in the representational model?
- The role of the client in defining the client’s legal rights and formulating the client’s legal position and strategies in the context of the representation
Honorable Edward F. Donnelly, Jr., James R. DeGiacomo, Esq., R. Susan Dillard, Esq., Honorable Carol A. Erskine, Robert D. Fleischner, Esq., Brigid C. Kennedy-Pfister, Esq. & Honorable James V. Menno
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| 3:15 |
Concurrent Workshops |
Representational Roles
Children - Professor Thomas R. Finn & Brigid C. Kennedy-Pfister, Esq.
Mental Health - Dr. Kenneth D. Herman & Hon. Edward F. Donnelly, Jr.
Elders - Honorable Edward M. Ginsburg & Honorable Gail L. Perlman
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| 4:15 |
Reflections on the Conference |
Jinanne S.J. Elder, Esq., Chairperson
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| Date: |
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Friday, September 05, 2003 |
| Tuition: |
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Tuition is $199; $99 for attorneys admitted to the Bar after 2000 & CPCS attorneys. Course book and refreshments included in the tuition charge. A limited number of partial scholarships are available. Please submit a written request via fax 617-305-3099.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in NY, RI, NH, VT & ME (includes 2 hours of ethics credit). This program has been approved by the Probate and Family Court Department to provide 6 hours of credit for Categories F & G. This program is also approved for 6 CPCS Mental Health and 7 CAFL credits.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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