NAELA Journal - Aspirational Standards

Introduction: The Aspirational Standards: Only Getting Better With Age

By  Professor Roberta K. Flowers
The NAELA Professionalism and Ethics Committee is pleased to make available this special issue of NAELA Journal, which contains articles that explain and expand on the Second Edition of the Aspirational Standards for the Practice of Elder and Special

Practical Answers to Ethical Questions Arising in Elder and Special Needs Law: A Quick Reference Gui

By  Gregory S. French, CELA, CAP, Fellow
The commitment of the National Academy of Elder Law Attorneys (NAELA) 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.

A Comparison of the 2016 American College of Trust and Estate Counsel Commentaries With the 2017 N

By  Professor Mary F. Radford
At about the same time that the members of the NAELA Professionalism and Ethics Committee were revising the NAELA Aspirational Standards, first published in 2005, a similar effort was being undertaken by the American College of Trust and Estate Couns

The Whole Is More Than the Sum of Its Parts: Holistic Elder and Special Needs Law Practice in the

By  Professor Roberta K. Flowers
The second edition of the NAELA Aspirational Standards opens with a new Standard that was added after much debate. Standard A, Holistic Approach, lays the cornerstone upon which all the other Standards rest. It acknowledges that elder and special nee

Client Identification: Foundational and Unique to the Ethical Practice of Elder and Special Needs La

By  Robert C. Anderson, CELA, CAP, and Whitney A. Gagnon, Esq.
The issue of client identification is foundational and unique to the ethical practice of elder and special needs law. After all, it is the first step in forming the attorney-client relationship. Identifying the client establishes to whom the attorney

Representing Fiduciaries: Guidance from NAELA's Aspirational Standards

By  Renee C. Lovelace, CELA
This article discusses the importance of fiduciary representation — even when protecting fiduciaries is not the primary goal of the field of elder and special needs law.

Till Death Do Us Part: Using NAELA Aspirational Standard D to Address Conflicts of Interest in Estat

By  Connie L. Bauswell, CELA
This article examines how NAELA’s newly revised Aspirational Standards4 assist the attorney in managing his or her ethical duties and encouraging conduct that rises above and beyond the minimum threshold that the ABA Model Rules of Professional Condu

NAELA Aspirational Standard E — Confidentiality

By  A. Frank Johns, LLM, CELA, CAP, Fellow
This article on NAELA’s 2017 Aspirational Standard E, Confidentiality, begins with a summary of ABA Model Rule of Professional Conduct 1.6, Confidentiality of Information, as its foundation, followed by a brief comparison of the first NAELA Confident

Understanding and Responding to Client Capacity: An Examination of Revised NAELA Aspirational Standa

By  Professor Gregory T. Holtz
Understanding and responding to client capacity is crucial to offering a client thoughtful, responsive, and competent representation.

The Inclusion of Special Needs as a Core Element of NAELA's Aspirational Standards, Second Edition

By  Stuart D. Zimring, Esq., CAP, Fellow
Understanding and responding to client capacity is crucial to offering a client thoughtful, responsive, and competent representation.

Winter 2019

 

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