Disability Law

2L Mira Lan Gaitanis Attends 17th Annual International Disability Law Summer School at the University of Galway

2L Mira Lan Gaitanis recently attended the 17th Annual International Disability Law Summer School held by the Centre for Disability Law and Policy at the University of Galway. The theme was “The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) Twenty Years On: New Horizons and Emerging Challenges.”

The three-day conference covered the Convention’s drafting history through the gaps and emerging challenges now testing it, to its future and a participatory exercise imagining a revised treaty.

The College of Law and the Disability Law and Policy Program sponsored Gaitanis’ participation in the conference.

Gaitanis, a research assistant at the Burton Blatt Institute, noted that the Conference provided “an honest reckoning with what the UNCRPD has and has not changed in disabled people’s lives; a reframing of the Convention as one tool among many rather than the endpoint, with ableism understood alongside capitalism and colonialism; and a clear sense that the next wave of leadership will come from the minds of young disabled people, working in collaboration with earlier generations who are living testaments to disability history and the current movement.”

She also presented a poster, Presence Is Practice: Music, Independent Living and the Law as a Form of Advocacy. The poster argued that advocacy does not only happen in courtrooms and legislatures. It happens every time a disabled person walks into a room that was not built for them and stays. It showed the multi-dimensional aspects of advocacy through her music, as a member of the Recording Artists and Musicians with Disabilities who has released three albums with the band Flat Moon Theory, with songs such as “See Me As I Am” and “Sparrow,” each illustrating her journey as a micropreemie with low vision and chronic pain. It also traced her advocacy journey from her first IEP meeting in fifth grade, her participation in the Florida Youth Leadership Forum, her involvement with Disability Rights Florida, and her internships with AAPD and The Harkin Institute. It then illustrates her journey to Galway for the conference and her goal of serving as U.S. Special Advisor on International Disability Rights.

At the conclusion of the conference, participants were challenged with drafting new articles for the UNCRPD. Gaitanis served as her group’s envoy, coordinating with the other groups’ envoys in the exercise’s private Discord channel so that, where ideas overlapped, each group could carry forward a distinct proposal. The group proposed adding intersectionality as a general principle and amending Article 34 to seat a youth representative and create a youth subcommittee.

As part of the Craftivism portion of the conference, Gaitanis created a zine titled Reflections and Musings, with the cover titled Nothing About Us Without Us, that combined collage, printmaking, and handwritten notes from the week.

“There were so many incredible speakers, and my favorite part was the participatory exercise that let us imagine the improvements we would make to the UN Convention on the Rights of Persons with Disabilities,” said Gaitanis. “My idea was to add a youth representative to the main board and create a subcommittee dedicated to youth and disability. I also deeply valued the panel The Road Ahead: Bringing the UNCRPD into a New Era. We are at a turning point in disability rights history, and youth are the ones who can bring in the next wave through activism, community, and collective action.”

Professor Katherine Macfarlane’s Forthcoming Ohio State Law Journal Essay Tackles “Debating Accommodations”

Professor of Law Katherine Macfarlane, Director of the Disability Law and Policy Program at Syracuse Law, has posted a draft of her forthcoming Ohio State Law Journal essay Debating Accommodations.

The essay describes the legal standards that control the decision to grant or deny a postsecondary reasonable accommodation request, and how the development of law that prohibits disability discrimination may have led to an increase in the number of accommodated students with disabilities. It also confronts the concerns articulated by recent articles and scholarship, including The Atlantic piece “Accommodation Nation,” describing the increased volume of accommodations. It considers the accuracy of the pieces’ legal arguments, as well as conclusions regarding misdiagnoses and malingering. Finally, it proposes a framework for debating the validity of reasonable accommodations that applies relevant legal standards and considers both the lived experience of disability and the current civil rights retrenchment.

Macfarlane concludes, “At a minimum, if the accommodations debate persists, it must focus on what the law actually requires and cannot continue to demonize the students that accommodations serve. It is fair to debate accommodations, but it is harmful to debate the increased presence of students with disabilities themselves.”

Professor Nina Kohn Discusses the Financial Exploitation Prevention Act’s Impact on People 65 and Older and People with Disabilities

Distinguished Professor of Law Nina Kohn spoke with PBS News Hour on new legislation under consideration, the Financial Exploitation Prevention Act. According to the story, the proposed legislation would give open-end investment companies, including mutual funds, the ability to pause redemption requests from people 65 and older or people with disabilities when the institution believes financial fraud or exploitation is at play.

“Financial exploitation is a huge problem in this country,” said Kohn. “The concern is, in part, that individuals may lose their life savings. Financial institutions and entities that are holding individuals’ money can be empowered to help put the brakes on scams by delaying disbursement to a suspected victim.”

Kohn notes that a concern about the legislation is that it interferes with self-determination. “Allowing financial institutions to stop customers from accessing their own money may verge into limiting people’s ability to make choices about their lives and their own funds,” Kohn said.

She also points out that if financial holds are good for people over 65 and people with disabilities, why not make it universal across all people? “I think that speaks to our willingness as a society to curtail the self-determination and financial independence of older adults and people with disabilities to a degree that we are not comfortable curtailing the self-determination and financial independence of other adults,” she said.

Professor Robin Paul Malloy Delivers Guest Lectures at the University of Palermo and University of Pisa

E.I. White Chair and Distinguished Professor of Law Robin Paul Malloy was recently a Senior Visiting Fellow and Distinguished Visiting Professor at the University of Palermo, Sicily, during the spring term. While there conducting research, Malloy delivered several guest lectures at the University of Palermo Department of Economics and Law Department and at the University of Pisa Department of Law and Jurisprudence.

At Pisa, he lectured on “Accessible Communities: Disability and the Economics of Accessibility.” Malloy notes, “When it comes to the built environment, accessibility becomes a complex matter. On the one hand, disability law, based on federal civil rights law, prohibits discrimination as people move through the places and spaces of public life. On the other hand, regulation of property and the built environment is generally a matter of state law and the exercise of the state police power that is used to regulate land use and zoning. Making buildings, sidewalks, streetscapes, and other structures accessible involves building and land regulation. This means that disability, when it is understood as enhancing accessibility to our built environment, must be approached as a regulatory matter as well as a civil rights matter. This makes accessibility planning difficult because it must respond to two very different areas of the law. As a regulatory matter, disability is made even more complex because accessibility is a mixed market good. This means that it is both a public and private market good. Moreover, accessibility infrastructure is expensive, and many market factors contribute to its underproduction.

In the lecture, Malloy focused on some of the primary market factors that need to be considered in accessibility planning and argued that good decision-making must account for resource and market constraints.

At Palermo, he gave several lectures, including “Property in a Market Context.” Malloy discussed some of the ways that markets inform our conceptions of property, and at the same time property influences the market process of exchange. “It is all part of the co-evolution of law, economics, and politics,” said Malloy.

He also delivered a lecture on “Disability and the Economics of Accessibility” in the law department at Palermo.

“I want to thank all the faculty and students at Palermo and Pisa for their intellectual and cultural exchange. I enjoyed all our conversations and look to incorporate new ideas into my future scholarship,” said Malloy.

“They’re on Shaky Grounds” Says Professor Katherine Macfarlane About C.D.C.’s In-office Requirements

Professor of Law Katherine Macfarlane spoke with the New York Times for the article, “Employees With Medical Conditions Challenge C.D.C. In-Office Requirement.”

A blanket revoking of existing accommodations potentially violates legal protections for disabled workers, experts in workplace law said.

“They’re on shaky grounds,” said Macfarlane, director of the College of Law’s Disability Law and Policy Program.

Having to provide medical documents poses further barriers to getting requests approved in a timely manner, Macfarlane said, adding that no federal law requires such documentation to obtain a reasonable accommodation. She has written about the topic in the Fordham Law Review in the article Disability Without Documentation.

Professor Katherine Macfarlane Discusses Her Article “The Higher Education Accommodation Mistake” With the ABA

Professor Katherine Macfarlane, Director of the College of Law’s Disability Law and Policy Program, spoke with the American Bar Association Committee on Disability Rights about her article, “The Higher Education Accommodation Mistake,” which was recently published in the Georgetown Law Review.

The article argues that Wynne v. Tufts University School of Medicine—which gave higher ed institutions an extra-textual layer of deference when they deny reasonable accommodations—was wrongly decided.

In the Q&A, Macfarlane notes that “Wynne applies the affirmative defense of fundamental alteration to a medical school’s decision to deny a student’s reasonable accommodation request regarding the format of multiple-choice questions. In considering whether the defense applied, it added a layer of deference to an institution’s description of what is and isn’t fundamental about its program, instead of leaving the decision to the finder of fact. In essence, institutions are left to determine what is fundamental, ensuring that whatever they label fundamental will suffice to defeat a disability-based accommodation request.”

Macfarlane also notes that the Wynne-style deference has crept into primary/secondary education and workplace litigation. “Scholars have suggested that because the Wynne standard is easy to apply, it should reach cases in which academic employees have sought accommodations in their workplace. Wynne is also often cited in the K-12 context. Simply put, a standard that is easy to apply is not necessarily one that is right,” said Macfarlane.

The Higher Education Accommodation Mistake, 219 Geo. L.J. 114 (2025).

The Americans with Disabilities Act and Universal Design: Global Legacy and Potential in Higher Ed Symposium on April 10

The symposium will examine the transformative global impact of the Americans with Disabilities Act (ADA) and the evolution of universal design principles in higher education contexts worldwide. This symposium explores how the ADA’s foundational principles have transcended U.S. borders to influence international disability rights frameworks, accessibility standards, and inclusive design practices across diverse cultural and legal landscapes.

April 10, 2026, 8:30 a.m. – 3 p.m.

Dineen Hall, Melanie Gray Ceremonial Courtroom

Register

Schedule

8:30 a.m. Breakfast in the Atrium of Law School for participants. Unfortunately, registration for meals and parking is closed, but attendance is still welcome.

9:05 a.m. Welcome Remarks

9:15 a.m.  Panel 1:    Practical and Conceptual Tensions in Accessibility and Accommodation
The panel examines whether universal design truly advances equity or risks masking persistent inequalities. Panelists will navigate the intersection of disability rights, academic freedom, and pedagogical innovation, asking whether current frameworks adequately serve students with disabilities or perpetuate exclusion.

Panelists:

10:45 a.m. Panel 2: Higher Ed Accessibility, AI, and Accommodation in Comparative Focus
The panel takes a global comparative approach to how different legal frameworks, economic contexts, and technological infrastructures shape accessibility. The panelists will explore whether the shift from the ADA’s civil rights paradigm to the Convention on the Rights of People with Disabilities (CRPD) human rights framework has transformed access to higher education worldwide.

Mercy Renci Xie is a disabled scholar who received her LL.M. and S.J.D. from Syracuse University College of Law on a full scholarship. She previously earned her LL.B. from Southwest University of Political Science and Law in China. Her research focuses on international human rights law, disability law, empirical legal studies, and law and society. Her work is forthcoming in the Columbia Human Rights Law Review. 

12:00-12:45 Lunch. Unfortunately, registration for meals and parking is closed, but attendance is still welcome.

Resource Distribution in the Atrium 

12:45 Keynote Speaker: Anastasia Somoza  (in person)

2  p.m. Concluding Remarks:  

Implementation and Institutional Buy-In: Futures and Transformative Potential of Inclusive Higher Ed Practice–interactive session with participants

2:30 pm Conference Ends

Resources

Accessible Syllabus 

UDL On Campus: About UDL 

The UDL Guidelines | CAST  

Universal Design for Learning: Planning with All Students in Mind | Ohio State University Teaching and Learning Resource Center 

What Is Universal Design for Learning? | RIT Center for Teaching and Learning 

Academic Ableism: Disability and Higher Education | University of Michigan Press 

Delivering Inclusive and Impactful Instruction: Universal Design for Learning in Higher Education | CAST  

Inclusive Learning Design in Higher Education: A Practical Guide to Creating Equitable Learning Experiences | Routledge 

Reach Everyone, Teach Everyone: Universal Design for Learning in Higher Education | West Virginia University Press 

Universal Design for Learning: Theory and Practice | CAST 

National Center on Accessible Educational Materials for Learning  

Not Another ‘Thing’: Practical Application of Universal Design for Learning to Higher Education |  AHEAD Journal  

UDL On Campus  

UDL On Campus: Getting Started 

UDL On Campus: Postsecondary Institutions with UDL Initiatives 

Universal Design for Learning (UDL) | UIC Center for the Advancement of Teaching Excellence 

Universal Design for Learning (UDL) | University of Maine Center for Innovation in Teaching and Learning 

Universal Design for Learning | Boston College CTE Resources 

Universal Design for Learning | Cornell University Center for Teaching Innovation 

Universal Design For Learning | UCI Division of Teaching Excellence and Innovation 

Universal Design for Learning | University of Denver Office of Teaching and Learning 

Universal Design for Learning | University of South Carolina Center for Teaching Excellence  

Universal Design for Learning | University of Tennessee Knoxville Teaching & Learning Innovation 

Universal Design for Learning | University of Vermont The Center for Teaching & Learning 

Universal Design for Learning | University of Virginia Center for Teaching Excellence 

What Is UDL, and How Can It Be Used in Higher Education? | Ed Tech Magazine 

Poster Display Guidelines and Requirements

Global Impact of the ADA and Universal Design in Higher Education Symposium

POSTER SPECIFICATIONS
Physical Requirements
● Size: 48 inches (width) × 36 inches (height) / 122 cm × 91 cm
● Orientation: Landscape preferred; portrait acceptable
● Format: Single poster panel
● Mounting: Self-supporting or designed for mounting on provided display boards
● Material: Durable material suitable for display (foam board, printed fabric, or laminated paper)

Digital Submission to Organizers
● Submit a PDF version (maximum 10 MB) by February 15, 2026
● Resolution: Minimum 150 dpi for final print quality
● File naming convention: LastName_FirstName_PosterTitle.pdf
● But please note that you will need to print your own posters for display at the symposium

CONTENT REQUIREMENTS
Required Elements
1. Title Section

●Poster title (clear, concise, engaging)
● Author name(s) and institutional affiliation(s)
● Contact information (email for primary author)
● Session identifier (will be provided upon acceptance)

2. Main Content Your poster must include the following sections, clearly labeled:

Abstract/Introduction (150-250 words)

● Research question or practice innovation
● Relevance to symposium themes
● Theoretical or practical framework

Methods/Approach (if applicable)

● Research design or implementation strategy
● Data collection and analysis methods
● Study context and participants

Findings/Outcomes

● Key results, innovations, or insights
● Data visualizations (charts, graphs, photos, diagrams)
● Evidence supporting conclusions

Discussion/Implications

● Significance for global disability rights and universal design
● Cross-cultural considerations
● Connections to ADA principles and international frameworks

Conclusions

● Summary of main contributions
● Future directions or recommendations
● Call to action or practical applications

References

● Minimum 5-8 key scholarly sources
● Use APA 7th edition format or Bluebook
● Include international and diverse perspectives where applicable

3. Visual Elements

● Minimum 30% of poster space should be visual (images, diagrams, charts, infographics)
● All images must include alt-text descriptions in your digital submission
● Use high-quality, culturally appropriate images with proper permissions/credits

DESIGN GUIDELINES
Accessibility Requirements (MANDATORY)
Text and Typography

● Minimum font size: 24-point for body text; 36-point for headings; 72-point for title
● Sans-serif fonts (Arial, Calibri, Helvetica, Verdana)
● High contrast between text and background (minimum 4.5:1 ratio)
● Avoid italics and underlining except for citations
● Use bold for emphasis rather than color alone

Color and Contrast

● Avoid relying solely on color to convey information
● Use patterns or textures in addition to color in graphs/charts
● Test color combinations using a color contrast checker
● Consider color blindness accessibility (avoid red-green combinations)
● Provide a grayscale-friendly version in your digital submission

Visual Accessibility

● All charts and graphs must include text descriptions
● Images must have captions describing content
● Use simple, clear infographics rather than complex diagrams
● Consider providing QR code linking to accessible digital version with full alt-text

Language and Readability

● Write in clear, plain language (avoid unnecessary jargon)
● Define technical terms when first used
● Use active voice and short sentences
● Organize content with clear visual hierarchy
● Include glossary for specialized terminology if needed

Design Best Practices
Layout

● Organize content in logical flow (typically left-to-right, top-to-bottom for Western contexts;
note cultural reading patterns)
● Use white space effectively (avoid cluttering)
● Group related information together
● Create clear visual pathways through content
● Balance text and visual elements

Visual Design

● Maintain consistent style throughout
● Align elements for professional appearance
● Use borders or background colors to define sections
● Limit color palette to 3-4 complementary colors
● Ensure professional quality of all images and graphics

CONTENT FOCUS AREAS
Your poster should address at least one of these symposium themes:

Theme 1: International Legal and Policy Frameworks
● Comparative disability rights legislation
● ADA influence on international laws
● National accommodation policies
● Enforcement mechanisms across jurisdictions

Theme 2: Universal Design in Practice
● Implementation case studies from specific institutions
● Curriculum design and pedagogical innovations
● Physical campus accessibility
● Digital and technology accessibility

Theme 3: Cross-Cultural Perspectives
● Cultural models of disability
● Indigenous and non-Western approaches to inclusion
● Intersectionality in global contexts
● Translation of accessibility concepts across cultures

Theme 4: Innovation and Technology
● AI and machine learning for accessibility
● Assistive technology developments
● Digital learning platforms
● Emerging accessibility tools

Theme 5: Advocacy and Social Change

● Disability rights movements globally
● Student and faculty activism
● Community partnerships
● Policy advocacy strategies

SUBMISSION PROCESS
Proposal Stage (Initial Submission)
Submit by March 15, 2026

1. Extended Abstract (500-750 words) including:

○ Research question or innovation description
○ Methodology or implementation approach
○ Preliminary findings or expected outcomes
○ Significance to symposium themes
2. Author Information Form:

○ All authors’ names, titles, affiliations
○ Primary contact information
○ Brief biographical statement (50 words per author) or CV

3. Keywords: 5-7 keywords identifying your topic area

Review Criteria
Proposals will be evaluated on:

● Relevance to symposium themes (30%)
● Originality and significance of contribution (25%)
● Methodological rigor or implementation quality (20%)
● International or cross-cultural perspective (15%)
● Clarity and organization (10%)

Final Poster Submission
Upon acceptance, submit by March 1, 2026

● PDF of final poster design

● Accessible version with complete alt-text for all visual elements
● 100-word plain language summary for program
● High-resolution author photo (optional)

PRESENTATION REQUIREMENTS
Poster Session Format
● Duration: 60-minute poster session
● Presence: At least one author must be present for entire session
● Engagement: Prepare 2-3 minute verbal summary for attendees
● Materials: Bring business cards or handouts with contact information

Accessibility During Presentation
● Prepare large-print handouts (18-point minimum) with poster summary
● Offer to describe visual elements verbally
● Stand to the side of poster (not blocking view)
● Be prepared to discuss in multiple languages if possible
● Have digital version available on tablet or laptop for closer viewing

Interactive Elements (Encouraged)
● QR code linking to:
○ Extended research paper or report
○ Video demonstration or presentation
○ Accessible digital version
○ Additional resources or data
● Handouts with key takeaways
● Contact information for follow-up collaboration

EVALUATION AND RECOGNITION
Poster Competition Categories
● Best Overall Poster
● Most Innovative Approach
● Best Visual Design
● Outstanding International Perspective

● Best Student Poster
● Excellence in Accessibility

Judging Criteria
● Content quality and significance (40%)
● Visual design and accessibility (30%)
● Clarity of communication (20%)
● Engagement and presentation (10%)

IMPORTANT DATES
● Proposal Submission Deadline: March 1, 2026
● Notification of Acceptance: first week March 2026
● Final Poster Submission Deadline: March 20,2026
● Symposium Dates: April 10
● Poster Session: April 10 11:50am -1 pm

ACCESSIBILITY COMMITMENT
We are committed to ensuring this symposium exemplifies the principles of universal design and
accessibility. If you require accommodations for the submission or presentation process, please
contact Anna Dallam at atdallam@syr.edu at least a week before relevant deadlines.
Accommodations available include:

● Alternative submission formats
● Extended deadlines for documented accessibility needs
● Presentation support (sign language interpretation, live captioning)
● Accessible presentation technology
● Dietary accommodations

QUESTIONS AND CONTACT
Symposium Coordinators:

Anna Dallam atdallam@syr.edu

Professor Cora True-Frost, Laura L. and Douglas Meredith Professor of Teaching Excellence Website
Link

ADDITIONAL GUIDELINES
Ethical Considerations
● Obtain informed consent from research participants
● Respect cultural sensitivity in representations
● Acknowledge funding sources and conflicts of interest
● Credit all contributors appropriately
● Obtain permission for copyrighted materials
● AI use should be focused on editing

Style
● Avoid ableist language and deficit models
● Define acronyms on first use

International Considerations
● Include geographic diversity in references
● Acknowledge limitations of context-specific findings
● Consider multiple legal and cultural frameworks
● Translate key terms where helpful
● Note currency conversions and equivalents

PUBLICATION OPPORTUNITIES
Selected posters may be invited for:

● Extended publication in symposium proceedings
● Possible webinar presentation for broader audience
● Inclusion in edited volume on global disability rights

We look forward to your contributions to this important dialogue on the global impact of
the ADA and universal design in higher education. Your research, innovations, and perspectives are essential to advancing accessibility and inclusion worldwide.

Collegian Hotel & Suites

Hotel Skylar Syracuse 

The Parkview Hotel 

Dineen Hall is located at 950 Irving Avenue, Syracuse, New York 13244

When driving, Syracuse University is most easily reached from Interstate 81.

New York State Thruway travelers should exit at Interstate 81(Thruway Exit 36) and proceed south. Both northbound and southbound travelers on Interstate 81 should exit at Adams Street (Exit 18.) Continue up the Adams Street hill to the third traffic light. Cross University Avenue and continue past Dineen Hall and the Carrier Dome. Turn right onto E. Raynor Avenue and right onto Stadium Place. The entrance to the Irving Parking Garage will be on your right.

Dineen Hall is located on the corner of Irving Avenue and Raynor Avenue, directly across from the Carrier Dome. Parking arrangements will be made for you in the Irving Parking Garage, located between Dineen Hall and the VA Garage which is accessible via Stadium Place.

Map of Campus

The Symposium is supported by:

  • Burton Blatt Institute
  • Center on Disability and Inclusion
  • D’Aniello Institute for Veterans and Military Families at Syracuse University (IVMF)
  • Disability Law and Policy Program
  • Disability Law Students Association
  • Impunity Watch News
  • Journal of Global Rights and Organizations
  • National Veterans Resource Center
  • Office of Veteran and Military Affairs
  • Syracuse Journal of International Law and Commerce
  • Syracuse University Center for Disability Resources
  • Syracuse University Center for Teaching and Learning Excellence

Event Contact

Contact Anna Dallam with any questions.

Professor Katherine Macfarlane to Present at the Disability Rights Bar Association Annual Baltimore Conference

Professor Katherine Macfarlane is a presenter at the Disability Rights Bar Association Annual Baltimore Conference on March 27. She is speaking on the Disability Rights and Higher Education session.

Macfarlane, Director of the College of Law’s Disability Law and Policy Program, will discuss her article, The Higher Education Accommodation Mistake, which appears in the Georgetown Law Journal.

Professor Nina Kohn Leads Efforts to Reform Model Rule of Professional Conduct

Distinguished Professor of Law Nina Kohn has helped lead a successful effort to reform the American Bar Association (ABA) Model Rule of Professional Conduct (MRPC) 1.14, which addresses how lawyers work with clients with decision-making limitations.


For more than a decade, Kohn has been working to make the case for reforming MRPC 1.14 through her scholarship and public service work.  More recently, she helped lead a group of ABA leaders and legal experts, including other academics, judges, and practicing attorneys, to consider reforms and draft an improved rule. The reformed rule was adopted by the ABA House of Delegates at the ABA’s recent midyear meeting.


 “The old ethics rule was both confusing to attorneys and provided them with insufficient guidance on how to deal with the thorny ethical issues that frequently come up when representing a client with cognitive capacity challenges,” Kohn explains.  “Worse yet, it inadvertently encouraged some lawyers to make some bad calls when working with clients with cognitive disabilities, while leaving lawyers doing the ‘right thing’ by clients with such disabilities having their conduct questioned—or even threatened with disciplinary action.”


Kohn describes the new rule as “a major step forward for individuals with actual or perceived cognitive disabilities, and others with decision-making limitations, including minors,” said Kohn. “It will also be a terrific boon to lawyers who represent them.”


Kohn predicts that the new ethics rule will be particularly helpful to individuals subject to guardianship or conservatorship.  As Kohn explained in a recent Forbes article, the revised provisions “clearly state that lawyers may ethically represent individuals subject to guardianship or conservatorship who wish to challenge or modify that arrangement”—something that courts have sometimes not appreciated. 

Other key aspects of the reformed rule include:

  • Modernized, less stigmatizing language
  • Removal of language that unintentionally encouraged lawyers to pursue guardianship over clients
  • Clearer direction on when attorneys can discuss confidential information about clients with disabilities
  • Detailed guidance for lawyers working with clients who have surrogate decision-makers
  • Specific guidance for attorneys working with minors
  • Specific guidance for attorneys working with criminal defendants whose capacity is at issue

More detailed information on these topics can be found in this article, co-written by Kohn and Charlie Sabatino, Aging and Law Consultant and Former Director of the ABA Commission on Law and Aging.


Kohn also wrote about the implications of the new ethics rule at Forbes.com.