R 1.14 - Client with Diminished Capacity Flashcards
If the client suffers from a diminished capacity, how shall the attorney maintain the relationship?
The attorney shall maintain a normal client-lawyer relationship with the client who suffers a diminished capacity.
What may an attorney do when the attorney reasonably believes that the client has a diminished capacity?
The attorney may take reasonably necessary protective action.
For instance, take reasonably necessary protective action, including consulting with individuals, seeking appointment of a guardian ad litem, conservator, or guardian.
May the attorney reveal confidential information in relation to the client with diminished capacity?
The attorney is authorized to reveal confidential information about the client, but only to the extent necessary to protect the client’s interests.
Does the confidential information Rule apply in instances of representation of a client with diminished capacity?
Yes.