Are you a magnet for risky business? Back-to-basics: The good, the bad and the ugly Philip J. Star, Q.C., Jeanne Desveaux and Catherine S. Walker QC Non-Risky.

Slides:



Advertisements
Similar presentations
Living Wills, Health Proxies: Vital Documents for Everyone Tips for Chronic Illness and RVers By: Martin M. Shenkman, CPA, MBA, PFS, AEP, JD.
Advertisements

Assessing capacity in General Practice. Aims Brief overview of metal capacity act Become more familiar with assessing capacity in General Practice.
2005. Why is it necessary When person lacks capacity physicians have power and influence over them which could be abused 30% pts on acute medical wards.
Capacity Assessment: Making Sense of the Confusion Clarissa Bush, Ph.D., C. Psych. Designated Capacity Assessor (SDA) Presentation at The Geriatric Patient:
Banking Elder Abuse and Exploitation. Consider the following when determining whether an older adult may be in jeopardy: Is there more than one person.
Roadmap for Your Transition IEP:
© 2011 Cengage Learning. The Life of an Escrow Chapter 13 © 2011 Cengage Learning.
Building Effective Client Interview Skills: Elizabeth Wehner Basic Lawyer Skills Training December 4 th, 2013.
District 1220 Assembly 2006 Health and Safety HEALTH AND SAFETY For Rotary District 1220 and its Member Clubs.
Preparing for Court Scott Pelking, LPC-S. I am not an attorney, and the information conveyed in this presentation should not be construed to be legal.
Purpose of Testimony Inform the fact finder of your version of a story. Provide facts essential for a case/hearing.
Substitute Decision Making Irina Kordic Murphy Battista LLP.
Competency Assessment. Competency and Capacity Capacity/Competency –Legal, clinical, ethical and social construct –“Ability of an individual to make autonomous.
Powers of Attorney What you Need to Know Brought to you by:
Financial Elder Abuse. Demographic Snapshot By 2041, older adults will make up 25 % of the Canadian population Multi-cultural seniors significant cohort.
1 Book Cover Here Chapter 10 INTERROGATION OF SUSPECTS AND HOSTILE WITNESSES Guidelines and Procedures Criminal Investigation: A Method for Reconstructing.
Tenure and Promotion The Process: –Outlined in Article 15 of the FTCA. When you are granted tenure, you are also promoted to Associate (15.7.6). One application.
1 Disclosing Student Personal Information to the Queensland Police Service 1-2 July 2008 RED/EDS Business Meeting.
THE WORKFORCE ACCORDING TO CHILDREN: children’s views on what they want their workforce to be like Dr Roger Morgan OBE Children’s Rights Director for England.
Baltic Dental Meeting Palanga Dana Romane The Patient in the Centre – Patient’s Involvement in the Treatment Process, Full Awareness and.
Pretext Phone Calls Legal in Canada!!. Police-guided pretext phone calls do not violate Charter s. 8 if prior: -One party consent -Judicial Authorization.
The Family Support Program Presenter: Laurie D. Miller 2012.
Jill Malat Office of Civil Legal Aid Children’s Representation Program
Termination Process Team 1: Anuj Kumar Agrawal Mohaammed Al-baqmi
Advocacy Skills for Caregivers. The Alzheimer Society of Manitoba thanks the Women’s Endowment Fund of the for its support of the Advocacy Skills for.
Communicating your Message through the Media. Overview This session will teach you to: – Respond to media requests – Communicate your message in interviews.
By Bob Bass Allison, Bass & Associates, LLP
Section 97(5) of the Act The National Commissioner must, after consultation with DG’s of Social Development, Justice, Education and Correctional Services,
BRIEFING DOCUMENT FOR THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT 19 NOVEMBER 2013.
Transition Workshop. What is transition? Transition is the period of time when young people move from being a child to an adult. It can be a difficult.
Speak for Yourself! Making Your Future Health Care Decisions
MCA Learning Pack – Session 3 1 Mental Capacity Act 2005: a practice-based course Supporting older people in care homes and the community as they would.
National MedTrans Network & CenterLight
1 INTERVIEWING AND ADVISING. 2 OVERVIEW An interview is a conversation designed to achieve a purpose. The client wants advice from the lawyer. The lawyer.
Memorial Society of Northern Ontario SERVING THE PUBLIC INTEREST SINCE 1979.
PAB/ICAJ Seminar1 The Public Accountancy Board & The Institute of Chartered Accountants of Jamaica Sustaining the Knowledge of Public Accountants - Seminar.
Complaints, Disputes & Inappropriate Behaviour: Dealing with demanding family members.
Ethical Considerations for Self Help Center Staff Assisting Self Represented Litigants While Maintaining Neutrality June 10, 2011.
Special Education Law for the General Education Administrator Charter Schools Institute Webinar October 24, 2012.
Build Relationships and Build Business on Powered by Customer WOW Project.
How to Successfully Switch Lawyers
Requirements for a Retainer Agreement Start with a Written Contract! ALWAYS!
The 4 Steps To Get Branch Leadership! A Proven Method Used By Another Organization For Over 75 Years Presentation developed by Roger D. Pelz, SIR Branch.
National Medtrans Network & CenterLight NON EMERGENCY MEDICAL DRIVER ORIENTATION / INSERVICE Day:____________Date:____________.
SESSION SIX YOU ARE NOT ALONE SERVICES WHICH ARE AVAILABLE TO HELP.
Session 8 Confidentiality and disclosure. 1 Contents Part 1: Introduction Part 2: The duty of confidentiality Part 3: The duty of disclosure Part 4: Confidentiality.
Arrest and Detention. Questioning the Accused Police can not force a suspect to answer questions Police can not force a suspect to answer questions Section.
Arrest and Detention LAW 120. Arrest and Detention  Once the police have collected evidence they will begin to question suspects  Depending on the evidence,
Medical Advocacy and Advance Directives Session 3 Staying in the Circle of Life.
Consent & Vulnerable Adults Aim: To provide an opportunity for Primary Care Staff to explore issues related to consent & vulnerable adults.
Vice-Principal Conference NAHT Thursday 12 th November 2009.
Age-Friendly Business TM Canadian Center for Elder Law and PRESENTS :.
CJ210: Interrogation: Purpose, Guidelines, Procedures, and the Miranda Ruling Unit 6 Seminar: Miranda, Interrogation, Interviews, and other.
PRESENTATION NAME Arrest and Detention. Arrest and Detention Arrest and Detention Depending on the amount of physical evidence collected, the police may.
Disclosure & record keeping February
Understanding Wisconsin Supreme Court Rule 20:1.14.
Working With Young People Presented by: Katrina Jefferson, Community Legal Education Lawyer.
Lawyer Up! Arrest and Questioning. Questioning When police begin to investigate a crime they usually begin by questioning witnesses / suspects At the.
Adversarial System Generates competition between Crown and defence Aim of both is to seek justice Crown- Burden of proof is on the Crown to “prove case.
Contemporary Legal and Ethical Challenges in Counseling Law and Ethics in Counseling Conference 2016 New Orleans, Louisiana.
Disclaimer This presentation is intended only for use by Tulane University faculty, staff, and students. No copy or use of this presentation should occur.
Improving Compliance with ISAs Presenters: Al Johnson & Pat Hayle.
By: Radha Dubey Becoming A Marketer, lawyer and politician.
Arrest and Detention.
Supported decision-making in wills and powers of attorney
Arrest power and interrogation techniques
Regulatory Investigations
Philip J. Star, Q.C., Jeanne Desveaux and Catherine S. Walker QC
Arrest and Detention.
Presentation transcript:

Are you a magnet for risky business? Back-to-basics: The good, the bad and the ugly Philip J. Star, Q.C., Jeanne Desveaux and Catherine S. Walker QC Non-Risky Business: LIANS’ Risk and Practice Management Solo/Small Firm Conference November 29th, 2010

Property Practice: See? I have the downpayment...

Fact Situation #1: Looks May be Deceiving Middle-aged and well-dressed woman as client... beware?

Some safety tips: Get your client identification early. Any misspellings or inconsistencies ? Using a newly incorporated company? Dealing with a traditional lender or secondary? Are there written assurances that financing is secured?

Remember... Not all fraudsters come in ‘con-artist’ like packages – and they LOVE sole practitioners... Cover off whatever due diligence is required - notwithstanding your client’s insistence otherwise. Document advice your client insists on waiving Don’t allow your good reputation to be used to your client’s advantage and your detriment

Work/life balance … or not

Question #1: can you say “no”? Ask yourself: Is this matter outside of my area of comfort/competence? If so, say no. Is the client’s expected timeline reasonable for the work done? If not, say no.

Urgent?? What isn’t?

Question #2: Do you have a crystal ball? How good will your memory be? Your memory, and that of your client will fade over time Document your instructions; what you are not doing; and advice that your client has not taken Understand your client’s expectations - no way to know what they may deem important in the future

Question #3: Do you Answer the call? The use of DND - Is this your way of finding the time to get to those files that need your undivided attention? How do you manage the telephone and messages from clients and other lawyers? Do they get answered in a timely manner? Ensure your messages and s are answered. You will sleep better for it.

Time management

Elder law: Legal Issues Red flags & best practices Understanding information relevant to the decision Appreciating the information (applying the information to one’s own situation) Using the information in reasoning Expressing a consistent choice (Dunn et al.) Decisional capacity includes at least four components:

Elder law: red flag Inquiry or appointment with lawyer made by an adult child, other relative, or friend who insists that: He/she accompany the client to the appointment Be present for the entire assessment and/or appointment

Elder law: red flag The person accompanying the client/patient attempts to answer questions before the individual has an opportunity to respond

Elder law: red flag The individual looks toward the person accompanying him or her before responding

Elder law: red flag The individual accompanying the client attempts to instruct you on what you should do or tries to provide instructions over the telephone “My mother wants to make a Power of Attorney appointing me as her attorney”

Elder law: red flag You are requested to draft a document for someone to pick up because it is not convenient to attend your office

A power of attorney can: Provide a client some level of comfort that their wishes will be carried out regarding their property and person Make things easier for loved ones in the event that a person becomes incapacitated

A power of attorney cannot: Guarantee that the client’s wishes will be carried out regarding their property and their person Guarantee that things will be easier for their loved ones in the event he/she becomes incapacitated

Some suggestions for best practices Always meet with your client alone Confirm who you are representing Arrange for ILA Large font /appropriate lighting Do not assume literacy Accounting provisions in powers of attorney

Criminal Law Practice

Criminal practice: Scenario #1 An accused person phones you from the police station attempting to exercise his right to retain and instruct counsel pursuant to Section 10(b) of the Charter. This person has been arrested by the police, who are investigating a criminal offence and want a statement from the accused. “Even fish wouldn’t get in trouble if they kept their mouths shut”

Criminal practice: Scenario #2 Be aware of the source of your client’s funds Are there times you may not want to accept cash? Or a cheque?

Trial pressure…

Criminal practice: Scenario #3 Document..document..document Written instructions from the client are crucial - accused persons may develop amnesia as to the nature of the advice given Confirm the nature of your retainer and/or advice that you had given to a client

Managing the Paper … or not

Criminal practice: Scenario #4 Counsel is the client’s advocate, not the trier of fact. Be aware of the pitfalls and the potholes as they can be very quick to gobble you up. Be careful not to be drawn into a tangled web that your client may weave.

Questions for the panel? Yes Virginia, there is a Santa Claus …