The Uniform Law Commission (ULC) has been around for more than a century.  The non-profit has commissioners from each state that promulgate uniform laws for states to ruminate and adopt. The goal of the UTC is to promote the uniformity of laws across the U.S.  A model act is one that doesn’t necessarily need to be adopted in its entirety; the purpose of the act can be achieved even if only parts of the act are adopted.  A uniform act is one that tries to establish the same directive on a particular topic across the various jurisdictions.  Even if the goal of a uniform act is adoption in its entirety, many states still add their own changes and nuances upon adoption. 

According to the National Council on Aging, 1 in 10 elders in the U.S. have experienced some form of abuse, yet only 1 in 14 is reported. It is a sad reality that there are elders in our communities that suffer from various forms of abuse. Financial, physical, and sexual abuse are common examples of the ways in which our older generation is exploited and endangered. Unfortunately, elder law attorneys are likely to encounter such a client at some point during the course of their careers.

Every lawyer is, or definitely should be, familiar with the Rules of Professional Conduct for the states in which they practice. A primary tenet of lawyering is the duty of an attorney to keep their client’s disclosures confidential. With that in mind, how does an attorney balance the need to keep client information confidential with a moral or legal requirement to disclose potential elder abuse?

Do the duties of confidentiality prevent disclosure?

Once upon a time, the legal field relied on face-to-face interactions, loads of paper files, and gallons and gallons of ink. This is not so in the current day and age. Our legal documents were once handwritten, then typed and printed, and are now becoming a series of ones and zeros. Most attorneys now harbor a hybrid mix of paper and electronically stored data. For elder law attorneys, shifting their historically physical procedures into electronic practices is a foreign concept – a concept now coming to fruition in the form of electronic wills.

What are Uniform Acts?

Our nation is made up of sovereign states – meaning that each state governs itself separately from its neighbors. Although Federal law looms over the union generally, each state has leeway to vary its specific laws to reflect the needs and values of its population. The separation between states and the federal government also allow for discrepancies – and sometimes competing positions – on hot topics like medical marijuana or gun rights.