Elder Law
This Elder Law Library Guide seeks to assist patrons at NSU Shepard Broad College of Law as a starting point for initial research in elder law.
Elder Law Library Guide
Selected Resources for Conflicts of Interest
Introduction
Conflicts of interest may involve a variety of issues, including but not limited to, these topics:
- Auxiliary Services;
- Determining the Client;
- Full Disclosure in Writing;
- Gifts;
- Mediation.
Selected Electronic Secondary Sources on LexisNexis and Westlaw
- Legal Ethics/Professional Responsibility Practice Center on LexisNexis;
- Elder Law Advisor on Westlaw;
- Elder Law: Advocacy for the Aging - Ch. 3 Ethical Issues in Elder Law Practice - on Westlaw;
- Elder Law and Financial Strategies: Planning for Later Life - 3. Ethical Concerns - on LexisNexis;
- Florida Elder Law (Practice Series) - Ch. 3 Ethical Duties - on Westlaw;
- Planning for the Elderly in Florida - Chapter 2. Ethical Considerations in an Elder Law Practice - on LexisNexis.
Selected Electronic Resources on Aspen Learning Library
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Emanuel CrunchTime for Professional Responsibility
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Emanuel CrunchTime provides the right information, in the right format, at the right time to prepare for exams. Based on the trusted Emanuel Law Outlines developed by a Harvard law student (while he was in law school), Emanuel CrunchTime skillfully employs flow charts so you can walk step-by-step through the major principles and topics in the course in a pattern that can be used to analyze any exam question. Abundant tips and ample review features help you approach the final with confidence. The Capsule Summary allows you to quickly review key concepts, and you can test your knowledge by working through the many Short-Answer Q&A s. CrunchTime lets you practice your essay exam skills as well. Exams Tips based on hundreds of past law school and bar exam questions recap the legal issues commonly tested. CrunchTime study aids structure the maximum amount of information you can learn in the last week before exams. Developed for students by a Harvard law student (while he was in law school), Emanuel CrunchTime titles provide the trusted guidance of Emanuel Law Outlines in a tighter, briefer format for quick review at exam time. Flow Charts walk you through a series of yes/no questions that can be used to analyze any question on the exam. The Capsule Summary allows you to quickly review key concepts. You can test your knowledge by working through the ample Short-Answer Q&A s, which are organized by topic. Exams Tips often based on hundreds of past law school and bar exam questions recap the legal issues commonly tested on exams for you. They explore fact patterns typically used to test those issues. CrunchTime allows you to practice your essay exam skills by answering questions asked on past exams. Flowcharts help you craft compelling essays, and you can compare your answers to the samples provided. CrunchTime aids structure the maximum amount of information you can learn in the last week before exams. Uniform in writing style and approach, you can be confident that any title in the series is of consistent quality. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks.
Call Number: OnlineISBN: 9781543819861Publication Date: December 31, 2019 -
Emanuel Law Outlines for Professional Responsibility, 6th ed.
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The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.
Emanuel Law Outline Features:
#1 outline choice among law students
Comprehensive review of all major topics
Capsule summary of all topics
Cross-reference table of cases
Time-saving format
Great for exam prep
Call Number: OnlineISBN: 9781543819977Publication Date: December 31, 2019 -
Examples & Explanations for Professional Responsibility, 7th ed.
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The Seventh Edition of Examples & Explanations for Professional Responsibility is a thorough and comprehensive text that can be used by students as a study aid and by professional responsibility teachers as a class text. It covers the whole field of professional responsibility, focusing not only on the ABA Model Rules, but on the often-complex relationship between the rules and doctrines of agency, tort, contract, evidence, and constitutional law.
Beginning with the formation of the attorney-client relationship, the book proceeds through topics including attorneys’ fees, malpractice and ineffective assistance of counsel, confidentiality and privilege rules, conflicts of interest, witness perjury and litigation misconduct, advertising and solicitation, admission to practice, and the organization of the legal profession. Coverage includes all subjects that are tested on the Multistate Professional Responsibility Exam (MPRE), including judicial ethics, a subject tested on the MPRE and not often covered thoroughly, if at all, in law school professional responsibility courses; the ABA's simplification of the rules on advertising and solicitation; Model Rule 8.4(g) on discrimination in the practice of law; the California Supreme Court's Sheppard Mullin opinion on advance waivers of conflicts, and continuing developments in the impact of technology on the practice of law.
New to the Seventh Edition:
Expanded coverage of developments in the law having to do with lawyering, including ABA rules, ethics opinions, and cases
New and revised examples and explanations in many chapters
Top-to-bottom comprehensive revision and updates of all areas of professional responsibility, with attention to areas that are particularly challenging for students (as well as many practicing lawyers!), such as conflicts of interest and privilege and confidentiality
Professors and students will benefit from:
A study aid that, without "teaching to the test," provides students with thorough preparation for the MPRE, which is the first licensing exam that many law students take
MPRE-style multiple-choice questions in the Examples
The depth and sophistication of the coverage.
Call Number: OnlineISBN: 9781543846188Publication Date: January 19, 2024
Selected Electronic Secondary Sources on Lexis Digital Library
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Ethics in the Practice of Elder Law
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In an elder law practice, ethical issues can occur at any point in the representation, and in some cases these unexpected situations can take the attorney by surprise. Ethics in the Practice of Elder Law provides an informed overview of the most common issues that can occur, explains the issues that can arise and how to be alert for them, and suggest ways to work through these issues effectively and ethically. Authors Roberta K. Flowers and Rebecca C. Morgan offer a range of hypothetical situations, along with a series opening questions for each, followed by a discussion/suggestions for analyzing and responding to the issue. These discussions offer a reliable framework for analyzing the ethical questions within the scope of the Model Rules and ancillary resources. The authors give readers the knowledge to determine which questions to ask in the representation. They refer to and discuss the 9 "C s" of elder law ethics: • Competency: where to find guidance • Client: who is the client • Confidentiality: keeping confidences • Conflicts of interest: who can the elder law attorney represent • Capacity: representing clients who have diminished capacity • Control: representing guardians • Complex fiduciary representation • Consulting: litigation issues in an elder law practice • Competition: ancillary practices and marketing Ethics in the Practice of Elder Law provides invaluable information as appendices, including the National Academy of Elder Law (NAELA) Aspirational Standards, relevant ABA ethics opinions, and a range of supplemental resources, checklists, and letters.
Call Number: OnlineISBN: 9781614386858Publication Date: July 9, 2014 -
Mastering Professional Responsibility, 2nd ed.
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This second edition of Mastering Professional Responsibility presents a concise explanation of the rules and concepts of lawyer professional responsibility. In creating the book, the author's goal is to provide students in the typical law school professional responsibility course with a source that explains the relevant rules and concepts in a way understandable to novices to the legal profession. In furtherance of that goal, the book provides a straightforward treatment of the subject, with special attention to the Model Rules of Professional Conduct and all recent amendments to those rules through the date of publication. For each topic, the book briefly addresses any relevant rationales, but primarily focuses on explaining the parameters of the applicable standards in a clear, understandable, step-by-step manner. A typical treatment of a topic includes not only a clear explanation of each standard, often broken into manageable concepts, but also a simple example illustrating the application of that standard. These easy-to-understand examples are designed to facilitate learning in students who, in contrast to practicing lawyers, have not yet had the opportunity to develop an understanding of the context of law practice. This book is an excellent accompaniment to the typical professional responsibility course. The book is also a good preparatory tool for the Multistate Professional Responsibility Exam, which is a requirement for admission for most states.
Call Number: OnlineISBN: 9781611637977Publication Date: May 25, 2016
Selected Electronic Secondary Sources on West Academic Study Aids
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Elder Law in a Nutshell, 8th ed.
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This edition incorporates all significant statutory changes since 2019, including the SECURE Act of December 2019, the Inflation Reduction Act of 2022, and the SECURE Act 2.0 of December 2022 regarding pension plan distributions, Medicare, and income taxation, as well as other areas.
Call Number: OnlineISBN: 9798887863368Publication Date: September 20, 2023 -
Legal Ethics, Professional Responsibility, and the Legal Profession
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As the legal profession undergoes structural changes, longstanding principles of ethics still govern the day-to-day lives of practicing lawyers. This new Hornbook on professional responsibility provides both a snapshot of ongoing systemic changes and a thorough examination of the fundamentals of lawyer and judicial ethics. As a multi-dimensional work by scholarly experts in several fields, the Hornbook (1) begins with the changing environment in which legal services are provided in the modern economy; (2) continues with a theoretical grounding of legal ethics in moral philosophy; (3) offers empirical evidence and discussion about professional formation and moral development; (4) provides a comprehensive analysis of the law of lawyer ethics; (5) includes a rich discussion of the modern law of legal malpractice, and (6) concludes with exploration of the rules of judicial ethics.
Call Number: OnlineISBN: 9781634605113Publication Date: June 9, 2018 -
Legal Ethics in a Nutshell, 5th ed.
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Many law professors aim to probe deep ethical issues in class. But they also need to cover the material that the Multistate Professional Responsibility Examination requires. The Rotunda Nutshell fulfils that need as it digests the Model Rules in an engaging, analytical, and often critical way. In a surprisingly pithy manner, this book places the Rules in an historic context that lets the student understand problems with prior versions of the Rules, which led to the present version. The Nutshell also analyzes the American Law Institute's Restatement of the Law Governing Lawyers, Third. This approach frees up precious class time for important normative issues. And, this Nutshell helps your students come up with better answers to your Socratic questions than you anticipated. This book has proved so popular as an explanation of the basic principles of legal ethics that it has been translated into Japanese and used there to teach American legal ethics.
Call Number: OnlineISBN: 9781640205970Publication Date: April 11, 2018
Selected Print Secondary Source
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Florida Elder Law, 2023-2024 Edition
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Practice Guide for Florida Elder Law.
Call Number: KFF 91.A3 S66ISBN: 9781731956941Publication Date: November 2023
