NAELA Journal Volume 2 Issue 1

Foreword
NAELA's Aspirational Standards

By Stuart D. Zimring, Esq.
It was my privilege, as President of NAELA during the 2004-2005 fiscal year, to see two very important projects come to fruition. The first was the adoption of NAELA's Aspirational Standards for the Practice of Elder Law, along with the Commentaries to them. The second project was the creation of this Journal, which, as is evident from not only the contents of this issue, but of its predecessors, is a wonderfully erudite and cogent contribution to the literature and scholarship in this area.

Aspirational Standards for the Practice of Elder Law with Commentaries
Developed by the Professionalism and Ethics Committee of the National Academy of Elder Law Attorneys
In the past 20 years, Elder Law has developed as a separate specialty area because of the unique and complex issues faced by older persons and persons with disabilities.

Practical Answers to Ethical Questions Arising in Elder Law (A Quick Reference Guide)
By Gregory S. French, CELA
The National Academy of Elder Law Attorneys' (NAELA) commitment to the development of Aspirational Standards for the Practice of Elder Law began in September 2003 when the NAELA Board of Directors adopted NAELA's 2004-2007 Long-Range Plan.

NAELA's Aspirational Standards - Ready, Set, Go! How Do We Comply with Them?
By A. Frank Johns, CELA, and Donna R. Bashaw, CELA
The National Academy of Elder Law Attorneys (NAELA) is embarking on a significant new direction, one in which members will commit to practice elder law at a higher ethical level.

An Estate Planner's Perspective of the NAELA Aspirational Standards
By Jeffrey N. Pennell, Esq.
The NAELA Aspirational Standards are very much like the American College of Trust and Estate Counsel (ACTEC) Commentaries. Both were promulgated, in part, to interpret the ethics rules with an eye toward the special nature of the legal practices of members of these highly respected organizations.

What We Learned by Comparing the ACTEC Commentaries to NAELA's Aspirational Standards (And Some of It Surprised Us)
By Cynda C. Ottoway, Esq., and Charles M. Bennett, Esq.
In this comparative analysis of the ACTEC Commentaries on the Model Rules of Professional Conduct (ACTEC Commentaries) with the NAELA Aspirational Standards for the Practice of Elder Law (Aspirational Standards), we note initially that the purpose of the two works are significantly different.

Relevance of the NAELA Aspirational Standards to Malpractice Liability
By Hugh K. Webster, Esq.
The development of standards of ethics or conduct, especially standards that are aspirational in nature, is an intrinsically introspective activity.

To Speak or Not to Speak: Effect of Third Party Presence on Attorney Client Privilege
By Roberta K. Flowers, Esq.
An attorney represents an adult child in a will contest of his father's will that was written by and executed using another lawyer. The client is one of three children.

An Overview of Law in England and Wales Relating to the Elderly
By Jennifer Christine Margrave
This article examines in detail three of the many laws that England has enacted to address the needs of the elderly and disabled as well as the rights of their caregivers.

Spring 2006

 

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