Undue Influence in Litigation
Disputes involving wills and trusts, pre-nuptial agreements, elder abuse,
domestic violence, fraud and financial exploitation, many sexual offenses; and, occasionally, homicide - often involve issues
of coercion, duress, inappropriate manipulation and undue influence. If you work on such cases, the "Undue Influence
Worksheet" may be of help.
Since its release in 2002, the "Worksheet" has been used by hundreds of lawyers,
Court investigators, law enforcement personnel, and Adult Protective Services evaluators.
The "Worksheet" is essentially a database that helps clarify complex situations.
Users are given a brief review of five main categorical headings and several subdivisions, a sample case, and blank pages
for your own case. A software version is planned that will further simplify the process of data input. The "Worksheet"
is a qualitative tool, so there is no score. The document clarifies for the user whether excessive manipulation is present,
and, based upon current understanding of perpetrator tactics and behavior, its specific form. As a tool, the conclusions
of the "Worksheet" are always subservient to local statutes and case law; nonetheless, this method of analysis has proven
to be so effective that it is used in several countries in addition to the United States.
The "Worksheet" is based upon the IDEAL protocol, which combines knowledge from
the fields of psychiatry, psychology, and sociology regarding the mechanisms of human manipulation, with extensive review
of statutes, case law, and legal theory. IDEAL describes those psychological and social factors that commonly co-exist
in undue influence situations. These factors are:
Isolation
Dependency
Emotional
manipulation and/or Exploitation of vulnerability
Acquiescence
Loss
Click here to download a copy of the Undue Influence Worksheet.
Click here to download a copy of an article about undue influence and the IDEAL model.
Click here to learn more about mental capacity.
Click here to learn about finding experts on undue influence.
