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Stephen Garcia Examines the Intricacies of Elder Abuse Cases in Law360

Garcia & Artigliere

Elder abuse cases entail a variety of perplexing situations that can inhibit successful representation. In “What to Look for When Litigating Elder Abuse Cases” published by Law360, Stephen Garcia discusses how imperative it is for an attorney to be knowledgeable about various aspects of elder abuse cases before taking on a case, such as detecting elder abuse, avoiding conflicts of interest, setting fees and client communication.

With the increasing elderly population, it is more difficult to identify abuse. Mr. Garcia states, “This is why attorneys in the field should learn the signs of abuse and neglect, be able to distinguish the different types of care in elderly living facilities and be prepared for the possibility that a family member may be the one committing abuse.”

In addition, clear and direct client communication is key to effective representation and prevents a delay in the lawsuit process, as well as a dissatisfied client.

To obtain a successful result, it is vital that attorneys “present all known conflicts of interest to clients at the start of a lawsuit and obtain a written response of acknowledgment and consent to proceed,” explains Mr. Garcia. For example, a conflict of interest may occur when plaintiffs file lawsuits with different monetary values against the same defendant.

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