Representing Clients Who Have or May Have "Diminished Capacity": Ethics Issues

You must be a Clearinghouse Review subscriber to view this article. Log in or subscribe.

The legal profession’s ethics codes offer some, albeit incomplete, guidance on representing clients who have or may have “diminished capacity.” Attorneys need to know Rule 1.14 of the American Bar Association Model Rules of Professional Conduct and Rule 1.14’s interpretations, representational models for people with limited capacity, client-capacity issues, how to interview people with “diminished capacity,” and possible approaches to representing people with questionable capacity.

By Robert D. Fleischner and Dara L. Schur From September-October 2007 Clearinghouse Review