Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipMedium
A lawyer represents a client in a complex business transaction. The client is a sophisticated businessperson but has recently suffered a stroke, which has left them with intermittent periods of confusion and difficulty with decision-making. The lawyer observes these periods and notes that the client often agrees to terms during clear moments that they later retract during confused periods. What is the lawyer's primary ethical obligation to this client?
- ATo terminate the representation due to the client's inability to make consistent decisions.
- BTo seek the appointment of a guardian or conservator for the client.
- CTo follow the client's instructions during their clear moments, disregarding later retractions during confused periods.
- DTo treat the client as having diminished capacity and take reasonably necessary protective action.
Show answer & explanationAnswer & explanation
Correct answer: D. To treat the client as having diminished capacity and take reasonably necessary protective action.
When a client's capacity to make adequately considered decisions in connection with a representation is diminished, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship. They may take reasonably necessary protective action, but seeking a guardian is usually a last resort.
Why the other options are wrong
- A. Terminating representation is not the primary obligation; the lawyer should first attempt to maintain the relationship and take protective steps.
- B. Seeking a guardian is a significant intervention and typically a last resort, not the primary or immediate obligation.
- C. Disregarding retractions and only following 'clear' moments might not be in the client's best interest and could take advantage of their vulnerability.
Client with Diminished Capacity
When a client's capacity is diminished, a lawyer must, as far as reasonably possible, maintain a normal client-lawyer relationship and take reasonably necessary protective action.
- Maintain normal relationship if possible.
- Take 'reasonably necessary protective action'.
- Seeking guardianship is a last resort.
Memory trick: Careful Client Care: Support, Protect, Last Resort Guardian.