Advice Decision-Making Assistant (ADMA)

In brief: For guidance regarding clients with diminished capacity, refer to rules 3.2-9 and 3.3-1, commentary [10] of the Code. When a client’s ability to make decisions is impaired because they have a mental disability (or is a minor), the lawyer must as far as reasonably possible maintain a normal lawyer and client relationship. Although a doctor’s assessment may assist in determining capacity, ultimately it is a legal test and you must make the decision whether the client has capacity. The key is whether the client has the ability to understand the information relative to the decision that has to be made, and is able to appreciate the reasonably foreseeable consequences of the decision or lack of decision (rule 3.2-9, commentary [1]). Check out the resources below to learn more, and feel welcome to contact a Practice Advisor with questions.