Ethics for Elder and Special Needs Law Attorneys
Date: Nov 1, 2023 1:00 p.m. – 3:30 p.m.
Member Price: $152
Non-Member Price: $190
Section Price: $143
Areas of Law: Elder & Disability Law, Ethics
Earn up to 3 credits, including 3.0 in Ethics! (More Information)
- Lawrence A. Friedman, Esq.
- Friedman Law, BridgewaterCertified as an Elder Law Attorney by the ABA-accredited National Elder Law Foundation, is in private practice in Bridgewater, New Jersey. He concentrates his practice in elder and special needs law; government aid; Wills, trusts, estates and tax law, including the preparation of estate and tax planning documents such as Wills, trusts, powers of attorney and health care directives; nursing home and long-term care planning; guardianships; Medicaid, Medicare and other government programs; special needs trusts to protect disability aid in gift and estate planning; personal injury; divorce settlements; Medicare set-aside arrangements; Division of Developmental Disabilities concerns and other legal matters.
Mr. Friedman is admitted to practice in New Jersey and New York, and before the United States Tax Court. Past Chair of the New Jersey State Bar Association's Elder and Disability Law Section and a member of the Association’s Real Property, Trusts & Estates Law Section, he has served as a Director of Somerset ARC (formerly the Association for Retarded Citizens) and has been a member of the New Jersey Chapter of the National Academy of Elder Law Attorneys (NAELA), the Planned Lifetime Assistance Network of New Jersey and the Malaria Foundation.
The author of scores of articles in his areas of expertise, Mr. Friedman is a frequent lecturer for ICLE, the New Jersey State Bar Association and Foundation, NAELA, several elder and disability groups, and other public and private sponsors. He is a recipient of ICLE’s Distinguished Service Award, the NJSBA’s Distinguished Legislative Service Award for drafting legislation that facilitates the use of special needs trusts and the PLAN/NJ Life Planning Partner Award. Mr. Friedman founded the NJSBA’s annual Elder Law Retreat, a two-day educational symposium for elder law attorneys, and has moderated the ICLE’s Sophisticated Elder Law program for 25 years. Copies of his many legal articles and further information on his credentials appear at SpecialNeedsNJ.com, and he also administers the website’s frequently-updated blog.
Mr. Friedman received his B.A. from the State University of New York-Binghamton (Harpur College), where he was elected to Phi Beta Kappa and served on the University Assembly. He received his J.D. and LL.M. in Taxation from New York University School of Law, where he was Editor of the N.Y.U. Journal of International Law & Politics and a Student Fellow of the Center for International Studies. He also received awards from the Association of Trial Lawyers of America Environmental Law Essay Contest and the American Society of International Law Essay Contest.
- Mark R. Friedman, Esq.
- Friedman Law, Bridgewaterpractices estate planning, elder law and special needs law with Friedman Law in Bridgewater, New Jersey. His work includes creating special needs trusts for disabled clients so litigation proceedings, child support and other payments will not disrupt public benefits; helping seniors plan to prevent long-term care costs from wiping out their savings; and estate planning in first marriages, second marriages and for unmarried clients.
Admitted to practice in New Jersey and New York, Mr. Friedman is Past Chair and former Roundtable Coordinator and Legislative Coordinator of the New Jersey State Bar Association Elder and Disability Law Section. He was Somerset County representative to and Executive Committee member of the NJSBA Young Lawyers, and served on the NJSBA Blue Ribbon Commission on Unmet Legal Needs. Prior to joining the firm Mr. Friedman was a Contributing Editor for The FCPA Blog in Singapore, ROS, where he provided analysis on compliance, corruption and the Foreign Corrupt Practices Act (FCPA). He is the author of articles including “Modern Estate Planning for Same-Sex Couples” (New Jersey Law Journal, October 14, 2013).
Mr. Friedman received his B.A. from Binghamton University, State University of New York, and his J.D. from New York University Law School, where he was selected as an inaugural Fellow with Fellowships at Auschwitz for the Study of Professional Ethics, which sends law and medical students to Germany and Poland to study their profession’s role in the Nazi genocide. He also created the Darfur Victims Project at NYU, leading a team of law students in support of litigation before the International Criminal Court.
- Cathyanne A. Pisciotta, Esq.
- Pisciotta & Mensasha LLC, North Brunswick
- Ryann Siclari, Esq., CELA
- Porzio Bromberg & Newman, PC, MorristownCertified as an Elder Law Attorney by the ABA-accredited National Elder Law Foundation, is counsel to Porzio, Bromberg & Newman, P.C. in Morristown, New Jersey, where she concentrates her practice primarily in elder and disability law, including long-term care, government benefits planning and advocacy, estate and trust administration, and estate planning. She counsels the aging and disabled or their families regarding the goals of having sufficient health care coverage, the ability to age in place and preserving assets against possible long-term care costs.
Admitted to practice in New Jersey and Pennsylvania, and before the United States District Court for the District of New Jersey, Ms. Siclari is also a Veterans Administration Accredited Attorney. She is Past Chair of the New Jersey State Bar Association’s Elder Law Section, where she has also served as Roundtable and Legislative Coordinator, and is a former Trustee of the New Jersey Chapter of the National Academy of Elder Law Attorneys (NAELA). She has lectured on elder law topics to attorneys and community organizations.
Ms. Siclari received her B.A., magna cum laude, from the University of Alaska, Fairbanks, and her J.D., magna cum laude, from Widener University School of Law, where she was Styles Editor of The Delaware Journal of Corporate Law and the recipient of the Dean’s and Outstanding Service Awards. She received her LL.M. in Elder Law, with Distinction, from Stetson University College of Law.
Elder and special needs law attorneys face unique ethical challenges. Many are subtle and not readily apparent and entangled with planning issues. Arranging the transfers of assets or spend downs for Medicaid planning are not only technically complicated but can be ethical minefields. Given the amount of stress caused by these issues, it is also important for attorneys to take care of themselves so that they can take care of their clients. All of this and more will be addressed in this can’t-miss program.
- 1:00 | Legal ethics by the book– RPCs– why they are important, how they apply, and hypotheticals - Mark R. Friedman, Esq.
- 1:20 | Medicaid recovery - Ryann Siclari, Esq.
- 2:00 | Break
- 2:10 | Legal ethics in guardianship and other litigation - Cathyanne A. Pisciotta, Esq.
- 2:45 | Potpourri - Lawrence A. Friedman, Esq.
- Legal malpractice;
- Lawyers proposing clients do investments or buy annuities or insurance through company in which lawyer has an interest; and
- Ethical issues in settlements involving plaintiffs with developmental disabilities
- 3:30 | Adjourn