Stephen Garcia Authors Article on Complexities of Elder Abuse
In the article, “Taking on the elder-abuse case” published by The Advocate, Founding Partner Stephen Garcia addresses how elder abuse cases can be far more complex and challenging than traditional personal injury cases. The challenges of elder abuse litigation and interaction with clients are acute from the outset, involving a myriad of applicable rules, laws, regulations, and ethics.
When deciding on whether to represent an elder abuse client, lawyers must take a thoughtful look at the rules of ethics and consider —from both a practical and legal perspective— whether the case is prudent, as well as permissible. Further, there are four issues attorneys should carefully consider when evaluating an elder abuse claim: the facts, fees, communication and any conflicts of interest. It is also important to explain the potential for conflict in detail to each party involved and then obtain each person’s informed consent to representation in a signed agreement.