“The Many Faces of Termination: Clinical Reflections on Death & Loss, Ethical & Legal Implications When Closing a Practice & Preparing a Professional Will” Presented by Maria Laguna, L.C.S.W., Jordan Linn, J.D. & Jonathan Rubin, J.D.

This presentation will touch upon aspects of running a private practice that are often not taught or discussed in traditional psychoanalytic training programs. Jonathan Rubin, J.D. will provide an overview of the many malpractice litigation risks faced by psychiatrists, psychologists, psychoanalysts/therapists and social workers in New York State. Additionally, he will discuss tools and protections available to mental healthcare providers to help reduce the risk of litigation and to mitigate liability. An overview of malpractice claims against mental health providers, highlighting common risks in the practice, and outline means to protect providers and their practice will be provided. Topics will include record keeping, confidentiality and privilege, the duty to protect third parties from a dangerous patient, terminating treatment of a patient, informed consent, and improper relationships with a client. Jordan Linn, J.D. will share general estate planning

considerations as well as succession issues relating to private practitioners. Maria Laguna, L.C.S.W. will share clinical vignettes & lead a discussion on professional experiences surrounding death and loss.

Learning Objectives

• Understand the different kinds of malpractice litigation risks to mental health
  providers.
• Learn what some of the most important best practices for avoiding liability are.
• Learn the tools and protections available to help reduce the risk of litigation.
• Learn what to consider when estate planning for private practice.
• Understand loss, separation and how it manifests.

Maria Laguna is a licensed clinical social worker (LCSW) and certified psychoanalytic psychotherapist in New York City. She has trained in psychoanalytic psychotherapy in her native Uruguay and in New York City. Maria works in private practice in New York City and is a faculty member of the Metropolitan Center for Training in Psychoanalytic Psychotherapy (MITPP). She has also taught Critical Psychology and Immigration issues for international audiences and institutions. Maria sits on the boards of the Metropolitan Society of Psychoanalytic Psychotherapists (MSPP) and the Metropolitan Institute for Training in Psychoanalytic Psychotherapy (MITPP). Maria is the co-founder of the Bicultural Collective, a virtual space that offers resources and support for clinicians and patients from multicultural backgrounds. She recently co-authored the book, “From Grad School to Private Practice a Roadmap for Mental Health Clinicians”.

Jordan Linn, J.D. is a partner in Tannenbaum Helpern’s Trusts and Estates (T&E) practice. With more than 20 years of T&E experience, Jordan brings a wealth of knowledge and legal counsel to his clients. He advises business owners, real estate families, and other individuals regarding the structuring and execution of complex gift and estate techniques, preparation of last will and testaments, trusts agreements and advance directives, drafting and implementation of grantor retained annuity trusts (GRAT), qualified personal residence trusts (QPRT), intentionally defective grantor trust transactions (IDGT), spousal lifetime access trusts (SLAT), irrevocable life insurance trusts (ILIT), charitable lead and remainder trusts (CLAT/CRAT) revocable living trusts, and dynasty and generation-skipping transfer tax trust planning. He also assists in planning multi-generational trusts and asset protection and the formation of private foundations and public charities. A frequent lecturer on trusts and estates topics, Jordan regularly participates in continuing education programs for attorneys, accountants and financial professionals, and has served as an adjunct professor at LIU Post and CUNY Queens College.

Jonathan Rubin, J.D. is a Senior Partner at Kaufman, Borgeest & Ryan LLP. Practice areas include Medical Malpractice Defense, Long Term Care and Nursing Home Defense, Health Care, Products Liability Defense and General Liability Defense Litigation. He represents hospitals, nursing homes, physicians and health care professionals in civil litigation matters in state and federal courts, and has presented on topics including the litigation of complex medical malpractice matters and risk management issues for health professionals. His expertise is in the defense of mental health providers and he has lectured extensively, including ASHRM lectures focused on “Managing Psychiatric Patients in Acute Care Settings,” lectures for NYS Chapter of the American Psychological Association, NASW and other psychoanalytic and psychotherapy organizations.