The Decision-Making Conundrum When Representing a Child or Mentally Impaired Adult

Friday, June 3

(10:40am - 12:00pm)

Moderator: Bruce Green
Panelists: Bruce Boyer, Hon. Eleanor Bush, Scott Kozlov, Kacey Mordecai

Representing children and mentally impaired adults presents uniquely difficult challenges to the decision-making paradigm within the professional relationship. Should the representation of a child or a client with diminished capacity always be client-directed—even if the lawyer knows that the client’s objectives will harm the client? When, if ever, may a lawyer substitute the lawyer’s judgment for that of the client to do what the lawyer believes is in the client’s best interests? May the lawyer disclose confidential client information to third parties to obtain decision-making assistance for a child or an impaired client? A panel of experts on the representation of children and mentally-impaired adults will consider these questions and more. 

MATERIALS

  1. The Lawyer as Caregiver
  2. Rule 1151- Assignment of Guardian Ad Litem and Counsel
  3. Statutes and Rules
  4. ABA Standards - Parts IA & IB
  5. August 2015 Updated Standards of Practice 2
  6. PUBS ABA Speech 6-3-16 Conference
  7. 64 Fordham L. Rev. 1281 (1996)
  8. 73 Ind. L.J. 665 (1998)
  9. 2016_03_31_14_08_11
  10. 2016_04_01_11_02_22
  11. Austin M
  12. Georgia Bar FAO No. 10-2
  13. Mordecai My 20yo client  ABA Final 4-4