A 360 Degree View of Roles and Responsibilities Concerning Diminished Capacity: Financial Advisers' Obligations to Clients, Lawyers Representing Clients, and Lawyers Preparing Their Practices

6 Pages Posted: 8 Nov 2016

See all articles by Elissa Germaine

Elissa Germaine

Elisabeth Haub School of Law at Pace University

Nicole G. Iannarone

Georgia State University - College of Law

Teresa Jacqueline Verges

University of Miami - School of Law

Date Written: November 7, 2016

Abstract

Cognitive decline or impairment is a problem that will undoubtedly arise in some aspect of a securities arbitration lawyer's practice. It may become an issue when reviewing how a financial adviser interacted with a client, when personally dealing with a client who has a potential claim, or in a lawyer's own practice. Understanding the obligations of all parties involved in this area better prepares lawyers to deal with the various issues associated with aging that will affect them and their clients.

Keywords: legal ethics, legal profession, diminished capacity, incapacity, cognitive decline, legal practice

JEL Classification: K19, K49

Suggested Citation

Germaine, Elissa and Iannarone, Nicole G. and Verges, Teresa Jacqueline, A 360 Degree View of Roles and Responsibilities Concerning Diminished Capacity: Financial Advisers' Obligations to Clients, Lawyers Representing Clients, and Lawyers Preparing Their Practices (November 7, 2016). PIABA Bar Journal, vol. 23, 2016; Georgia State University College of Law, Legal Studies Research Paper; University of Miami Legal Studies Research Paper No. 16-46. Available at SSRN: https://ssrn.com/abstract=2865787

Elissa Germaine

Elisabeth Haub School of Law at Pace University ( email )

78 North Broadway
White Plains, NY 10603
United States

Nicole G. Iannarone (Contact Author)

Georgia State University - College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

Teresa Jacqueline Verges

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
39
Abstract Views
225
PlumX Metrics