A lawyer represents a client in a complex civil litigation matter. The client, an elderly woman, has recently been diagnosed with early-stage dementia. She frequently forgets details discussed during meetings and struggles to understand the implications of certain legal strategies. The lawyer believes the client can still make adequately reasoned decisions with proper support. What is the lawyer's primary ethical obligation in this situation?
- ATo withdraw from representation due to the client's diminished capacity, as she can no longer effectively participate.
- BTo immediately seek the appointment of a guardian or conservator for the client.
- CTo maintain a normal client-lawyer relationship as much as possible, providing appropriate support and seeking guidance from the client's family if necessary.
- DTo make all strategic decisions on behalf of the client, as her capacity is clearly impaired.
Show answer & explanationAnswer & explanation
Correct answer: C. To maintain a normal client-lawyer relationship as much as possible, providing appropriate support and seeking guidance from the client's family if necessary.
When a client's capacity is diminished, the lawyer's primary obligation is to maintain a normal client-lawyer relationship as much as possible, providing support and seeking guidance from others only when necessary to protect the client's interests. Withdrawal or unilateral decision-making are typically last resorts.
Why the other options are wrong
- A. Withdrawal is generally not appropriate unless the client's diminished capacity renders effective representation impossible or unethical.
- B. Seeking a guardian is an extreme measure and should only be pursued if the lawyer reasonably believes the client cannot act in her own best interest.
- D. Making all decisions for the client undermines her autonomy and is only permissible in very limited circumstances, not merely due to early-stage dementia.
Client with Diminished Capacity
When a client's capacity to make adequately reasoned decisions is diminished, a lawyer must, as far as reasonably possible, maintain a normal client-lawyer relationship and take reasonable protective action if the lawyer reasonably believes the client is at risk of substantial harm.
- Maintain normal relationship as much as possible.
- Seek guidance from family or others only if necessary to protect interests.
- Protective action should be the least restrictive intervention appropriate.
Memory trick: Support Autonomy, Protect When Necessary, Don't Assume Control.