NCJ Number
146635
Journal
Journal of Elder Abuse and Neglect Volume: 5 Issue: 3 Dated: (1993) Pages: 39-50
Date Published
1993
Length
12 pages
Annotation
This article assesses the need for greater accountability of lawyers charged with protecting the financial interests and personal welfare of elderly and disabled clients and with representing guardians of elderly and disabled wards.
Abstract
The author reviews existing behavioral research as well as ethical and professional standards to show the extent of poor quality legal representation of elderly clients and their guardians. The Model Rules of Professional Conduct assert that "disabled clients are often provided substandards representation." The deficiency is attributed to "communication difficulties, the lawyer's ambiguous relationship with the disabled client and especially in quasi-adversarial proceedings, uncertainty and confusion concerning the proper role of the lawyer." Reisner observes that various legal studies conclude that appointed counsel "all too often carried out their defense functions very perfunctorily." He says that such findings are due to attorneys' erroneous perception that their role is limited to ensuring protection of rights during the legal commitment process. Other factors that may contribute to inadequate representation are attorneys' reluctance to challenge supposedly authoritative medical opinions because of limited clinical training or civil commitment experience and insufficient attorney compensation that discourages the expending of time and effort. Recommendations suggest ways to improve attorney accountability in the representation of elderly and disabled clients. 57 notes