Speaker: Kerry R. Peck

Webinar Date: August 6th, 2020

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Topic:
Regardless of your area of practice, cognitively impaired clients are seeking counsel or perhaps you already represent a client who’s mental capacity is declining. This presentation will cover the application of ABA/Code of Professional Responsibility Rule 1.14: Client with Diminished Capacity.

Attorneys practicing in all areas as a result of the graying of America are encountering older clients that are suffering from some degree of cognitive impairment. Understanding the difference between incapacity and diminished capacity, a hypothetical situation will be used to demonstrate the applicability of Rule 1.14. Various ethical considerations will be discussed and remedies to handle such situations, including identifying the client and the application of Rule 1.6: Confidentiality of Information and Rule 1.7: Conflict of Interest.

Our speaker:
Kerry R. Peck is the managing partner of the Chicago law firm Peck Ritchey, LLC where he concentrates his practice in Trust and Estate Litigation, Estate Planning/Administration, Guardianship and Fiduciary Litigation, and Elder Law. His clients include families, hospitals, banks, the State of Illinois, County of Cook, and City of Chicago. Mr. Peck is past President of the 22,000-lawyer Chicago Bar Association; is currently a member of the American Bar Association’s Commission on Law and Aging and the Elder Law Section Council of the Illinois Bar Association. He was retained by the City of Chicago Department of Aging to rewrite the State of Illinois Elder Abuse and Neglect Act. For over ten consecutive years he has been selected by his peers as a “Super Lawyer”, an attorney to whom other attorneys would refer their family, and he was named a member of the Leading Lawyers Network. Mr. Peck is the recipient of the 2014 Justice John Paul.

This webinar will cover:

Applicability of Rule 1.14, client with diminished capacity and this application to all areas of practice.
The difference between a client suffering from incapacity and a client suffering from diminished capacity.
The applicable ABA / Code of Professional Responsibility duties and responsibilities of an attorney.

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