Ethical Landmines and the Elder or Dependent Client
New Challenges for Practitioners in the Wake of
Herren v. George S. and the Conservatorship of Britney Spears
Presentation Summary
Maintaining one's ethical obligations is foundational to every professional’s practice, and the representation of an elder client with alleged cognitive impairment presents some of its own unique challenges. At a minimum, practitioners need to understand the rules of professional conduct and make sure their behavior is within the boundaries the rules set. However, new case law and statutes bring into question what a professional’s duties may be when dealing with a potentially incapacitated client. This seminar addresses various ethical landmines for practitioners in today's legal landscape. It is for all attorneys, financial advisors, fiduciaries, and any other professionals who find themselves representing elderly or incapacitated clients, and provides potential solutions to negotiate these issues. The speakers will provide updates on recent case law and statutes that impact a professional’s duties toward elderly or incapacitated clients.
Learning Objectives
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The speakers will provide updates on recent case law and statutes that impact a professional’s duties toward elderly or incapacitated clients
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The speakers will illustrate ethical and legal challenges that may arise when representing older clients, especially those with potential cognitive impairment
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The speakers will present strategies and best practices for identifying and representing clients who may have cognitive or capacity issues
About Our Speakers
Jeff Hall, Partner
Trust Law Partners LLP
Jeffrey M. Hall’s practice focuses on trust and estate litigation and trials. Jeff handles all types of trust and estate disputes, with a particular affinity for trust and will contests, fiduciary misconduct and financial elder abuse matters. With over twenty-seven years of litigation experience, the last decade of which has been almost exclusively in the probate courts throughout the state, Jeff has successfully represented hundreds of clients in state and federal courts, including beneficiaries, heirs, trustees, executors and administrators.
Over that last ten years, in addition to undue influence and breach of fiduciary duty claims, Jeff’s cases have included Heggstad/850 Petitions, Accounting Contests/Objections, and claims alleging a violation of Penal Code section 496(c). Jeff works closely with all his clients and continually strives to improve his litigation and trial skills. No matter the type of dispute, Jeff works diligently to discover the evidence necessary to reach a beneficial resolution through informal negotiations with opposing counsel or mediation or, if necessary, to present the strongest case possible during trial.
Jeff obtained his Bachelor of Arts degree in Business Economics from the University of California, Santa Barbara and his Juris Doctor from the University of the Pacific, McGeorge School of Law. Jeff was admitted to the California State Bar in 1997 and the Idaho State Bar in 2018.
Jeff Loew
Managing Partner
Trust Law Partners, LLP
Jeff’s primary areas of practice include trust and estate litigation (including will and trust contests), fiduciary litigation, and financial elder abuse actions. Trust Law Partners takes on the majority of its disputed matters on a contingency fee basis and pays referral fees where appropriate.
Jeff has tried or settled hundreds of probate court actions, as well as wrongful death actions and related tort claims. Jeff frequently represents individual beneficiaries, including on a contingency basis, as well as trustees and private professional fiduciaries. Jeff often serves as an expert witness, a mediator, or a settlement conference pro tem in disputed trust and estate matters.
Jeff is certified as a Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Legal Specialization. Jeff is the Chair of the Education Subcommittee for TEXCOM, the Executive Committee of the Trusts and Estates Section of the California Lawyers Association. Jeff has served as Chair of the Trusts and Estates Section of the San Mateo County Bar Association (SMCBA) and on the Board of the SMCBA and of the Silicon Valley Bar Association. Jeff is founding President of the San Mateo County Law Library Foundation and is a founding Board member of the San Mateo County Bar Foundation. Jeff is also a Fellow of the American College of Trust and Estate Counsel (ACTEC). Jeff has been recognized multiple times as a Top 100 Super Lawyer for Northern California. Jeff obtained his law degree from the University of California, Berkeley Law School (formerly Boalt Hall).
Meeting Agenda/Schedule
October 2, 2025
6:00pm - Check In, Networking & Reception
6:30pm - Sit Down Plated Dinner
6:45pm- Welcome & Announcements
7:00pm- Speaker Presentation
8:00pm- Event Concludes
REGISTRATION COST
Members - $95 | Guests - $115
AFTER 9/30/2025
Members - $105 | Guests - $125
The Tri-Valley Estate Planning Council is a multi-disciplinary group of estate planning and related professionals focused on delivering exceptional services to clients by providing and strengthening:
Cutting-edge continuing education to develop best practices in estate planning, wealth preservation and legacy; Communication and collaboration with peers across disciplines; A reliable network of referral sources with experienced, like-minded professionals
