Rule 1.14: Client with Diminished Capacity Flashcards
Rule 1.14: Client With Diminished Capacity: What does it state?
Governs how lawyers should handle clients who may have difficulty making decisions due to age, mental impairment, or other factors
What does Rule 1.14(a) state about the relationship between lawyer and client?
To maintain a normal attorney-client relationship as much as possible, even if a client has diminished capacity
What does Rule 1.14(b), what three situations MAY a lawyer take protective action when necessary?
If the lawyer reasonably believes that:
1. The client has diminished capacity
2. The client is at risk of substantial harm
3. The client cannot adequately act in their own interest
What does Rule 1.14(b), when MAY a lawyer take protection action: such as?
- Consulting with family members, social services, of professionals who can assist
- Seeking the appointment of a guardian
What does Rule 1.14(b), Comment 7: If legal representation has not been appointed, a lawyer’s should consider one of these THREE as a last resort
- Guardian Ad Litem: Determine and advocate for the client’s best interest
- Conservator: Manages the financial affairs of the client (who loses power to buy, sell and hold property)
- Guardian: manages financial, medical and other person decisions
What does Rule 1.14(c) state about Confidentiality and Protective Action?
If the lawyer takes protective action, they are impliedly authorized to reveal necessary information but only to the extent required to protect the client
