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The Professional Exit Strategy: Doing Right by Client, Firm, and Associate [CC]
Formal Ethics Opinion 96-404 (downloadable pdf)
Formal Ethics Opinion 96-404 (downloadable pdf)
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Client Under a Disability Withdrawal is appropriate only if it can be accomplished without prejudice to the client. The protective action should be the least restrictive under the circumstances. The appointment of a guardian is a serious deprivation of the client's rights and ought not be undertaken if other, less drastic, solutions are available. With proper disclosure to the court of the lawyer's self-interest, the lawyer may recommend or support the appointment of a guardian who the lawyer reasonably believes would be a fit guardian, even if the lawyer anticipates that the recommended guardian will hire the lawyer to handle the legal matters of the guardianship estate. However, a lawyer with a disabled client should not attempt to represent a third party petitioning for a guardianship over the lawyer's client.
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5611100404
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