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Representing Clients Who Have or May Have "Diminished Capacity"

Ethics Issues

By Robert D. Fleischner & Dara L. Schur

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.

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