R 1.14 - Client with Diminished Capacity

Question 1

If the client suffers from a diminished capacity, how shall the attorney maintain the relationship?

Answer 1

The attorney shall maintain a normal client-lawyer relationship with the client who suffers a diminished capacity.

Question 2

What may an attorney do when the attorney reasonably believes that the client has a diminished capacity?

Answer 2

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.

Question 3

May the attorney reveal confidential information in relation to the client with diminished capacity?

Answer 3

The attorney is authorized to reveal confidential information about the client, but only to the extent necessary to protect the client’s interests.

Question 4

Does the confidential information Rule apply in instances of representation of a client with diminished capacity?

Answer 4

Yes.