Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Anxiety and Depression Credit: solarseven/Shutterstock.com

While attorneys are not qualified to diagnose mental illness or assess a client’s mental capacity, it is important for lawyers to be aware of each client’s mental well-being and cognizant of the ethical and procedural issues in play they suspect a client may suffer from diminished mental capacity. The client’s right to self-determination is key; however, courts and attorneys must be mindful of occasions where an individual’s diminished capacity may interfere with their ability to act within their own best interests. The RPCs, statutes, caselaw and civil procedure provide attorneys guidance in navigating the representation of a potentially mentally diminished client.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Law Firms Mentioned


Library of New Jersey Family Law FormsBook

Library of New Jersey Family Law Forms is a comprehensive library of 175+ MODEL DOCUMENTS for your family law practice. Finda widevarietyof forms from initial summons t...

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.