What steps should a lawyer take if a client has diminished capacity?

When a lawyer is faced with a client who has diminished capacity, the appropriate course of action is to maintain a normal client-lawyer relationship while also being vigilant and prepared to take protective measures if necessary. The Model Rules of Professional Conduct recognize that clients may have varying levels of capacity, and lawyers are required to treat their clients with respect and dignity.

Maintaining a normal relationship means that the lawyer should strive to communicate effectively with the client and ensure the client’s wishes and interests are central to the representation. However, the lawyer must also be attuned to the client’s capabilities, particularly if those capabilities are fluctuating or impaired, which may require the lawyer to take additional protective actions. This could involve discussing the potential need for assistance or an advocate, or assessing whether a guardian or other support might be necessary to protect the client's interests.

Options that suggest proceeding with normal representation without consideration for the client’s condition could lead to ethical breaches, as a lawyer has a duty to ensure that the client can adequately understand and engage in the legal process. Similarly, immediately withdrawing from representation or only representing a client under conditions that require a guardian could undermine the client’s right to representation and access to legal services, which is not aligned with the principles of legal ethics. Therefore