Law360 Expert Analysis: Edward Donohue Reviews the Malpractice Perils of Elder Abuse Liability for Attorneys Representing Seniors

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In The News | 1 min read

Dec 9, 2024

Hinshaw partner Edward Donohue recently addressed the heightened risks of elder abuse attorney malpractice claims in a Law360 Expert Analysis byline.

Donohue notes that claims made under Financial Elder Abuse statutes can result in much larger awards than typical legal malpractice cases. He discusses a recent $26 million jury verdict in New York against a lawyer found liable for failing to protect a vulnerable client’s business interests. He also notes the significant reputational damages associated with defending against such claims.

Additionally, Donohue reviews the ethical responsibilities of lawyers in conducting capacity evaluations and the unique challenges of defending against elder abuse claims involving capacity determinations after the client is deceased or incapacitated.

Read the full article (subscription may be required).

"The Malpractice Perils of Elder Abuse Liability" was published by Law360 on December 6, 2024.

A version of this article was originally published in Hinshaw's Lawyers’ Lawyer newsletter.

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