Elder Law Workshop Fall 2009/Professor Kim Dayton, William Mitchell College of Law></head> <body bgcolor="#ffffff" link="#498174" vlink="#ad6756" alink="#000080"> <font size="2" face="Arial"> <img src="olympics.jpg" alt "olympics.jjpg" align="right" width="250" height="350"> <b>Elder Law Workshop<br>Professor Dayton, <a href="mailto:kim.dayton@wmitchell.edu">kim.dayton@wmitchell.edu</a><br> William Mitchell College of Law<br> Fall 2009<br> Office: 305</b><BR> <font size="2" face="Arial"><center><font size="2" face="Arial"><b>Course Information and Syllabus</b></font></center><p> <CENTER><a href="#assign">Jump to Assignments</a></CENTER><P> </p><dd><font size="2" face="Arial"> <b>Elder Law Workshop</b> is an optional one-credit skills add-on to Elder Law Survey. The workshop aims to broaden your understanding of elder law issues and introduce you to drafting the kinds of legal documents and other materials that lawyers prepare for their older clients. Am elder law course is a pre- or co-requisite. The content of the course will track generally that of the main elder law course as presented this semester, but there will be differences in the way that different subjects are covered.</font><p> <font size="2" face="Arial"> In the class, we will focus on three interrelated sets of skills: translating legal principles for lay people, presenting legal concepts to lay people, and drafting sample documents. These skills are important to elder lawyers, whose practice sometimes involves interacting with laypersons in the community and training non-attorney professionals who work with older persons. </font></p><p> <font size="2" face="Arial"> Please note that because this is a skills-oriented class, it is labor-intensive. You can expect to spend considerable time outside of class sessions writing and drafting. I, in turn, will spend considerable time outside of class providing written feedback on your projects, and you can schedule appointments with me whenever you need additional input.</font></p><p> </p><p><B><font size="2" face="Arial"> Required texts: </a>None. Reading assignments will be posted on the syllabus each week, and will draw primarily from materials that are available online. For some assignments, however, you will probably need to use materials available in the library. </B><P> <font size="2" face="Arial"> <b>Grading</b>. Grading will be based on three separate components. First, you'll write a short expository article or other consumer-oriented document, suitable for a lay audience, on a topic pertaining to elder law. Second, you will have an opportunity to give an informal presentation relating the subject matter of the article to a seniors' organization, a gathering of older persons, or to the class. Finally, you will draft documents relating to various subject matters of the papers/presentations. Some drafting projects will be done in pairs; with others you will be on your own. For each project, I will provide feedback and an opportunity for revision. Total points will be allocated as follows:</font></p><p> </p><ul> <font size="2" face="Arial"> <li>Paper/consumer materials: 20% </li><li>Presentation: 15% </li><li>Drafting exercises: 65%<p> </p></li></font></ul> <font size="2" face="Arial"> Grades will be allocated according to law school norms for upper-class skills courses.</font><p> <font size="2" face="Arial"><b>Reading assignments: </b>I will generally post assignments at least a week or two in advance of class. When appropriate, I will also provide information about and links to relevant materials that will help you with your drafting exercises, such as form books and similar materials.</font></p><p><font size="2" face="Arial"> <B>Drafting assignments.</B> There will be a total of six drafting assignments. The first drafting assignment will be distributed August 27. I will also post to the syllabus information that will assist you to draft the various documents, Sometimes the assignment will require you to look at the law of another jurisdiction. Class time will generally involved both discussion of my comments on first drafts, and an overview of some of the issues to expect with the upcoming assignment. Each final drafting project is worth a maximum of ten points. <p> <b>Paper and presentation.</b> Details about the paper and presentation requirements of the class are available at <a href="http://www.cejp.org/classes/paper.pdf">Paper Requirements</a><P> <font size="2" face="Arial"><b>Students with special needs.</b> If you feel you have a disability that may prevent you from fully realizing your potential in this class, you should contact me or the Dean of Students as soon as possible so that we can discuss accommodations necessary to ensure your full participation in the class and facilitate your educational opportunities.</font></p><p> <a name="assign"> </p><center><font size="2" face="Arial"><b>Assignments</b></font></center> <p> </p><li><font size="2" face="Arial"><B>August 20 </B>: Introduction to course; explanation of course syllabus, grading and class preparation requirements; overview of the nature of an elder law practice. <P><il><LI><B>Read:</B> <ul><li><A HREF="http://www.naela.org/qa.aspx">Questions and Answers When Looking for an Elder Law Attorney</A> (from the National Academy of Elder Law Attorneys). <li><A HREF="http://seattle.bizjournals.com/seattle/stories/2008/01/07/story1.html?b=1199682000%5E1571548">Is there a future in practicing elder law?</a> <li><a href="topten.pdf">Top Ten Legal Issues for Your Aging Parents</a> <P><li><font COLOR="#E03D25">The following organizations offer student memberships to law students interested in Elder Law. Visit the link for more information:</FONT><P><ul> <li><a href="http://naela.com/professionals/lawstudents.htm">The National Academy of Elder Law Attorneys</a>--this is the nation's largest legal professional organization devoted to elder law. <li><a href="http://www2.mnbar.org/membership/app-student.pdf">Minnesota State Bar Association</a>--<A HREF="http://www2.mnbar.org/sections/elder-law/index.asp">Elder Law Section</A></ul><p></ul> </ul><CENTER><I>To me, old age is always 15 years older than I am.</I><p> --Bernard M. Baruch </CENTER> <p> <p> <li><B>Aug. 27: </B>: Special ethical problems arising in an elder law practice. <p><ul><li>Read <A HREF="http://www.abanet.org/genpractice/newsletter/lawtrends/0506/family/4cs.html">Understanding the Four Cs of Elder Law Ethics</A>; <A HREF="http://www.mass.gov/obcbbo/elder.htm">Ethical Issues for Elder Law Attorneys</A><li>Review <A HREF="http://www.actec.org/public/EngagementLettersPublic.asp">American College of Trust and Estate Counsel, Engagement Letters: A Guide for Practitioners</A>.<P> <li><b>Assignment:</b> Draft an engagement letter to your client(s) based on the information contained in <a href="drafting1.pdf">Drafting Assignment #1</a>. In drafting this letter, you should consult the formal rules of professional responsibility applicable in the jurisdiction in which the representation is sought. Be sure that your letter fits the facts of the hypothetical and conforms with the applicable rules of professional responsibility. This assignment is due on Sept. 3.</p></ul></ul></ul> <li><b>Sept. 3:</b> No new assignment. <p><li><b>Sept. 10:</B> Durable Powers of Attorney. <P><ul><li>Read Oast & Hook, General Durable Powers of Attorney, <A HREF="http://www.oasthook.com/legal_information/General_Durable_Powers_of_Atty.pdf">http://www.oasthook.com/legal_information/General_Durable_Powers_of_Atty.pdf</A>. <li>Review Minn. Rev. Stat. Ch. 523, Powers of Attorney, <A HREF="https://www.revisor.leg.state.mn.us/statutes/?id=523">https://www.revisor.leg.state.mn.us/statutes/?id=523</A><p> <ul><li><B> Assignment</B> (first draft due September 17): <A HREF="drafting2.pdf">Drafting Assignment #2</A>, plus cover letter to client. </ul></ul></ul> <p> <p><CENTER><I>As you grow older, you'll find the only things you regret are the things you didn't do. <P> --- Zachary Scott</CENTER></i> </ul> <hr> <p><font size="2" face="Arial"><font size="-2">©2004-09 by Kim Dayton. All rights reserved. "How old would you be if you didn't know how old you was?" --Satchell Paige. </font></font></dd></body></html>