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Ethics in Evidence Submissions
The Dickinson School of Law, Penn State
June 2015
This ethics session addresses some of the myriad issues raised by SSA's new "all evidence" regulations which became effective April 20, 2015. Those regulations require claimants and their representatives to submit all evidence, helpful or hurtful, that "relates to" a claim of disability. What constitutes evidence? What is really the difference, if any, between evidence that is material to a claim and evidence that relates to a claim? How narrow are the limited exceptions for "privilege" and "work product," as those terms are defined by SSA? How should a representative deal with a client's social media, and should a representative even look into a client's social media? How should a representative who has received hurtful evidence deal with a client who demands that the evidence not be submitted or who actually fires the rep? Can a representative abide by a client's wishes that his/her psychiatric conditions be kept out of the process? Underlying all these issues is the interplay between SSA's rules for representatives and relevant state bar rules of professional conduct.
Earn CLE Credit with this On Demand Program
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EDUCATION |
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| THE DICKINSON SCHOOL OF LAW OF THE PENNSYLVANIA STATE UNIVERSITY | Carlisle, PA |
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Juris Doctor, May 2003 |
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| UNIVERSITY OF DELAWARE | Newark, DE |
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B.A., Criminal Justice, May 1999 |
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PROFESSIONAL LAW-RELATED BACKGROUND |
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| Dickinson School of Law, Pennsylvania State University | Carlisle, PA |
| DIRECTOR OF COMMUNITY LAW CLINIC | 1/14 – Present |
| CLINICAL PROFESSOR | 7/06 – Present |
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Direct the activities of the Community Law Clinic. Administer and supervise students in the law practice associated with family and disability matters confronting low-income clients.
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DOCTRINAL COURSES: Family Law
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Spring 2016 |
| ASSOCIATE | Carlisle, PA |
| The Law Offices of LopezNeuharth, LLP | 8/03 – 1/06 |
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Represented clients in family law and bankruptcy matters including divorce, support, custody, adoption, and chapter 7 bankruptcies. Court appointed counsel representing parents in Cumberland and Franklin County Children and Youth dependency cases. Guardian ad litem in dependency and private custody cases.
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| SOLE PRACTITIONER | Mechanicsburg, PA |
| Megan Malone, Attorney at Law |
1/06 – 7/06 |
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Represented parents and children in Cumberland and Franklin County Children and Youth dependency cases as court appointed counsel. Guardian ad litem in private custody cases. |
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OTHER PROFESSIONAL EXPERIENCE |
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| CASEWORKER | Adams County, PA |
| Adams County Children and Youth Services | 11/99 – 8/00 |
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Managed caseload of 15 families for dependent and at-risk children and families. Worked in the on-going unit following the progress of children in placement, and once returned to the family. Worked with families to prevent adjudication and placement of children. |
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BAR MEMBERSHIPS |
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Supreme Court of Pennsylvania |
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U.S. Supreme Court |
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| PROFESSIONAL MEMBERSHIPS | |
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Pennsylvania Bar Association |
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Cumberland County Bar Association, 2nd Vice President |
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Cumberland County Bar Association Young Lawyer’s Division |
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Cumberland County Bar Association Family Law Section |
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Cumberland County Inns of Court |
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County Delegate to PBA House of Delegates |
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Zone 3 PBA YLD Co-Chair |
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PRESENTATIONS |
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Panelist Family Law in Pennsylvania (PBI) |
October 2009 |
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Social Security, SSI and Support,Domestic Relations Association of PA, Western Conference |
June 2010 |
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PFA Practice in Cumberland County |
August 2010 |
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Co-Presenter on Improvident Transactions, SEALS Conference |
July 2011 |
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Co-Planner Basics of Support Law, PBI Course |
2012 & 2014 |
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PUBLICATIONS |
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“A Practitioner’s Guide to New Developments In Pennsylvania’s Child Protection Laws,” with Lucy Johnston-Walsh, The Pennsylvania Bar Association Quarterly, April 2015, Volume 86, No. 2 |
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VOLUNTEER ACTIVITIES |
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Board member, Hershey Medical Center Ethics Committee |
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Board member, Community Justice Project |
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County Coordinator, Wills For Heroes Program |
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AWARDS AND RECOGNITIONS |
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Member of Pennsylvania Bar Association Bar Leadership Institute |
2011-2012 |
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Pennsylvania Bar Association Pro Bono Award |
2013 |
PROFESSIONAL BACKGROUND:
July 2013 - present: Professor Emeritus, The Pennsylvania State University Dickinson School of Law.
August 1983 - June 2013: Professor, The Pennsylvania State University Dickinson School of Law*, Carlisle, PA. Asst. Prof. 1983-87; Assoc. Prof. 1987-89. Director, Community Law Clinic (formerly the Family Law and Disability Law Clinics).
Courses: Family Law; Comparative and International Family Law; Juvenile Law; Law and Individuals with Disabilities. Past courses taught: Administrative Law; Education Law; Equal Protection and Civil Rights; Appellate Advocacy; Legislation; Legal Methods, Research and Writing.
Fall 1980 - Spring 1983: Adjunct Professor, The Dickinson School of Law, Carlisle, PA. Education Law Seminar; Law and the Handicapped Seminar; Temporary Supervisor, Legal Assistance Program for the State Correctional Institution at Camp Hill, PA.
October 1979 - August 1983: Partner, law firm of Rains & Jacobsen, Harrisburg, PA.
General civil practice emphasizing human services, governmental benefits and civil rights.
August 1974 - October 1979: Deputy Attorney General, Pennsylvania Department of Justice, Harrisburg, PA.
EDUCATION:
Harvard Law School, J.D. 1974.
Michigan State University, B.A. Political Science 1970.
BAR MEMBERSHIPS:
Supreme Court of Pennsylvania
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, Middle District of Pennsylvania
U.S. Court of Appeals for the Third Circuit
U.S. Supreme Court
*The Dickinson School of Law became part of The Pennsylvania State University in July 1997.
