Partially Competent Clients Flashcards
What are the three requirements for a lawyer to take protective action under Model Rule 1.14(b)?
(1) The client must have diminished capacity.
(2) The client must be at risk of substantial physical, financial or other harm unless action is taken.
(3) The client must be unable to act adequately in the client’s own interest.
What is “diminished capacity”?
Diminished capacity means that “a client’s capacity to make adequately considered decisions in connection with a representation is diminished.”
What does it mean for there to be a risk of substantial physical, financial, or other harm unless action is taken?
There must be risk of future physical, financial, or other harm unless action is taken.
What does it mean for a client to be unable to act adequately in their own interest?
The client is unable to take action due to their diminished capacity (e.g., they’re comatose or otherwise unable to act).
How does Model Rule 1.14 relate to the confidentiality rules?
A lawyer taking protective action under Rule 1.14 is “impliedly authorized” to reveal confidential information concerning the representation – but only to the extent reasonably necessary to protect the client’s interests.
