In a situation where a client with diminished capacity faces substantial harm unless action is taken, what may the lawyer do?

In a situation where a client with diminished capacity faces substantial harm unless action is taken, what may the lawyer do?

• A. Take reasonably necessary protective action
• B. Do nothing and preserve business as usual
• C. Immediately terminate the relationship
• D. Refer to a guardian in all cases

Answer: (A)

When a client has diminished capacity and faces substantial harm unless action is taken, the lawyer may take protective action that is reasonably necessary to protect the client's welfare. This reflects the idea that, in situations where capacity is impaired, the lawyer can intervene to prevent harm while still trying to honor the client’s preferences and involve them as much as possible. Protective action is not a blanket remedy; it’s tailored to the circumstances and aims to preserve the client’s autonomy to the greatest extent feasible. Examples include consulting with family or other trusted individuals and, if appropriate, seeking protective measures such as guardianship or conservatorship, or initiating other protective steps through the court. The actions should be limited to what is reasonably necessary to safeguard the client’s interests. Doing nothing while substantial harm is looming would fail the duty to protect the client; terminating the relationship is not required in every case, and referring to a guardian in all situations is overbroad.

When a client has diminished capacity and faces substantial harm unless action is taken, the lawyer may take protective action that is reasonably necessary to protect the client's welfare. This reflects the idea that, in situations where capacity is impaired, the lawyer can intervene to prevent harm while still trying to honor the client’s preferences and involve them as much as possible.

Protective action is not a blanket remedy; it’s tailored to the circumstances and aims to preserve the client’s autonomy to the greatest extent feasible. Examples include consulting with family or other trusted individuals and, if appropriate, seeking protective measures such as guardianship or conservatorship, or initiating other protective steps through the court. The actions should be limited to what is reasonably necessary to safeguard the client’s interests.

Doing nothing while substantial harm is looming would fail the duty to protect the client; terminating the relationship is not required in every case, and referring to a guardian in all situations is overbroad.