Howard Krooks will present “Ethical Issues in Representing Clients with Diminished Capacity” in a webinar hosted by Justia Connect. The session will take a close look at the ethical challenges lawyers face when clients’ decision-making ability may be impaired, with a focus on ABA Model Rule 1.14 and its relationship to Rules 1.1, 1.4, and 1.6. It will explore how to identify potential signs of diminished capacity, navigate the line between incapacity and functional limitation, and evaluate when protective steps may be appropriate, including limited involvement of family members or other third parties. The program will also address confidentiality considerations and offer practical guidance on communication, documentation, and maintaining, as far as reasonably possible, a normal client-lawyer relationship.
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