Download meeting handouts – October 2014 Handouts – Rita Diaz
Featuring Rita Diaz who will be speaking on the Quandary In Dealing With Diminished Capacity Clients
Any lawyer who finds himself or herself in front of a client with diminishing capacity finds himself in a very difficult quandary. The law is not clear and our ethical rules do not provide much flexibility. Many lawyers can find themselves as witnesses in trust or will contests or facing pressures from family members. This presentation will discuss the various standards of capacity in the law, rules of ethics applicable in these situations, pitfalls professionals should be aware of when being retained or when communicating with family of diminished capacity clients, the existence or lack of a duty to protect or support a client with diminished capacity and recommendations to put in place before clients become incapacitated.
Rita M. Diaz is a partner at Hahn & Hahn, LLP in Pasadena, where she has practiced since 1999. Founded in 1899, Hahn & Hahn LLP is one of the oldest law firms in California and is the largest general practice firm in Southern California’s San Gabriel Valley. The firm has three primary practice areas: business, litigation and trust/estate planning. Ms. Diaz’ practice is focused on trust and estate administration and litigation as well as disputed conservatorships. Ms. Diaz also advises fiduciaries on best practices to avoid litigation.
Ms. Diaz is a graduate of the University of California, Los Angeles (B.A. 1995). She received her law degree from the University of Southern California in 1999, where she served as the Managing Editor of the Law Review. Ms. Diaz is a member of the American Bar Association (formerly on the Leadership Advisory Board for for the Young Lawyers Division and other posts), Los Angeles County Bar Association (formerly on the Barristers Executive Committee) and Pasadena Bar Association (formerly as a Trustee). She serves on the Board of the Boys & Girls Club of Pasadena and the Pasadena Community Foundation. She spoke at the USC Gould 39th Annual Trust and Estate Conference at a panel: “Dad, Can I have the Car Keys.”