Office of Bar Counsel

• Jurisdiction: Wyoming,United States
• Pages: 08
• Citation: Vol. 46 No. 4 Pg. 08
• Publication year: 2023

Office of Bar CounselVol. 46 No. 4 Pg. 8Wyoming Bar JournalAugust, 2023

Mark W. Gifford

Representing Diminished Capacity Clients: Rule 1.14 Offers Valuable Guidance

With the life expectancies of U.S. citizens continuing to rise, particularly among women, lawyers are increasingly likely to encounter clients whose capacity to understand, set objectives for their representation and make appropriate decisions is diminished in some respect. Fortunately, Wyoming Rule of Professional Conduct 1.14 gives lawyers significant options and latitude in dealing with such situations. The black letter rule provides:

(a) When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.

(b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken, and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.

(c) Confidential information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the...