VSB July 21, 1982

What can a lawyer do when a client is mentally impaired and cannot make decisions, and should the lawyer seek a guardian?

Short answer: The committee recognized that representing a mentally impaired client places an additional burden on the lawyer, who may be compelled to make decisions for the client, and the opinion states it would be wise for the lawyer to seek appointment of a committee for the client. It was decided under Virginia's former Code of Professional Responsibility.

Apply this to your situation

This page answers the general question as of 1982. Ezel answers yours: whether it's allowed on your facts, under the current Virginia Rules of Professional Conduct, with citations.

Currency note: this opinion is from 1982
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The committee addressed the representation of a mentally impaired client. It observed that EC 7-12 recognizes the additional burden placed on a lawyer who represents such a client, and that the lawyer may be compelled to make decisions for the client. The opinion states that it would be wise, however, for the lawyer to seek appointment of a committee for the client.

Currency note

This opinion was issued in 1982, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note records that current Rule 1.14 provides guidance to lawyers representing clients under a disability. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Who decides when a client is too impaired to direct the representation?

A: Under this 1982 opinion, the committee recognized the lawyer may be compelled to make decisions for a mentally impaired client, while observing it would be wise to seek appointment of a committee.

Q: Did the opinion require seeking a guardian?

A: The opinion framed seeking a committee as the wise course rather than an absolute requirement, recognizing the added burden EC 7-12 places on the lawyer.

Q: What current rule governs this?

A: The committee note states that current Rule 1.14 provides guidance to lawyers representing clients under a disability.

Background and rules framework

The opinion applies the former Code's EC 7-12 to a client of impaired capacity, recognizing the lawyer's heightened role and pointing toward appointment of a committee. The committee note maps the question onto current Virginia Rule 1.14, corresponding to ABA Model Rule 1.14 on a client with diminished capacity.

Citations and references

Rules of Professional Conduct:

  • EC 7-12 (former Code; representing a client of impaired capacity)
  • Virginia Rule 1.14 / ABA Model Rule 1.14 (client with diminished capacity)

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

LEGAL ETHICS OPINION 463

REPRESENTING MENTALLY INCOMPETENT CLIENT.

EC 7-12 recognizes the additional burden placed upon a lawyer who represents a client who is mentally impaired. The lawyer may be compelled to make decisions for the client. It would be wise, however, for the lawyer to seek appointment of a committee for the client.

Committee Opinion
July 21, 1982

Legal Ethics Committee Notes. – Rule 1.14 provides guidance to lawyers representing clients under a disability.

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