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When concerns or allegations regarding client capacity are raised, do you know the steps you need to take, and the questions to ask, to protect your client (and yourself)?

The practice of family law is more complex than ever before.With an aging population, increased number of marriages in later life and rise in addiction and mental health issues, capacity must always remain top of mind.

Whether your client’s capacity or that of the opposing party comes into question, a complex array of ethical and professional obligations is triggered. In order to protect your client’s interests – as well as your own – you must know the appropriate steps to take.

An outstanding faculty of experts from both the legal and medical fields will give you the practical tools and critical information you need to confidently manage your obligations. Topics include:

  • Understanding capacity from both legal and practical perspectives
  • Recognizing capacity ‘red flags’, including addiction, age-related idiosyncrasies & suspected dementia
  • Protecting yourself – practice management tips for client interviews, taking notes and documenting communications
  • What can and should you do if you are concerned about your clients’ capacity but he/she refuses assessment?the opposing side?
  • Best practices when drafting a retainer letter for assessment: conflicts, disclosure
  • Strategies for counsel when communicating with clients when capacity is in question
  • Steps to take when capacity changes over time
  • Faculty

    • Cheryl Goldhart, Goldhart & Associates
    • Karon C. Bales, Bales Beall LLP
    • Paul S. Pellman, Ricketts Harris LLP
    • Dr. Kenneth Shulman, MD, SM, FRCPsych, FRCP(C), Sunnybrook Health Science Centre

    Group Discounts

    Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.

    Webcast Fee per Delegate

    2-3 delegates: 25% off program fee
    4-10 delegates: 30% off program fee
    11+ delegates: 35% off program fee
    Boardroom rates available.


    The video stream will be sent to you via email as soon as payment is successfully processed.


    All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.

    Technical Support

    In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

Program Details

Delivery Method

Web-On Demand

Date Recorded
December 1, 2016
Running Time


Fee per Delegate

$129 plus HST

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Eligible CPD Credit Hours


Who Should Attend

  • Family Law Lawyers
  • General & Sole Practitioners
  • Paralegals

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