June 01, 2015 EXP

The Ethical Dilemmas of Diminished Capacity: Rule 1.14 of the Model Rules of Professional Conduct

Michael A. Kirtland

The Model Rules of Professional Conduct (MRPC) seem to make it simple and clear as to what to do if you believe your client has diminished capacity. As much as possible, maintain a normal attorney-client relationship. If the client is suffering diminished capacity, you as the lawyer may take “reasonably necessary” protective action, including consulting with others and seeking guardianship or conservatorship. Use otherwise privileged client information to protect the client’s interests.

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