What could a lawyer do for a long-standing client whose ability to act in her own interest appeared impaired?

Short answer Opinion 2006-1 said the lawyer should maintain a normal relationship as far as possible and could take limited protective action if the lawyer reasonably believed the client could not act adequately in her own interest. With no active matter, the Rules did not require acceptance of new work.
Bar
VTBAR
Issued
2006

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This page answers the general question as of 2006. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2006
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 Not binding precedent.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

A lawyer had handled matters for an older client who made persistent, unsubstantiated accusations of theft, including against the lawyer. There was no active matter, but the client considered the lawyer her counsel and the lawyer expected future requests. The lawyer asked how to respond while concerned about a possible disciplinary complaint.

Under then-current Rule 1.14, the section said the lawyer should preserve a normal client-lawyer relationship as far as possible. A lawyer could take protective action, such as seeking a guardian, only on a reasonable belief that the client could not adequately act in her own interest. The lawyer could consult an appropriate diagnostician and disclose confidences as necessary for that consultation. Protective action was to be limited and preserve client autonomy; avoiding a complaint against the lawyer was not a proper ground for it.

Because no matter was active, the Rules did not require the lawyer to accept a future request. The section said withdrawal could be permitted in limited circumstances but favored continued representation when the client could not protect her interests. Disability alone was not enough to establish good cause for withdrawal.

In practice

In the lawyer's situation, no active matter meant the Rules did not require a new engagement. If the lawyer took protective action under then-current Rule 1.14(b), the section said concern about a complaint against the lawyer could not justify it and the action had to preserve the client's autonomy as far as possible.

Common questions

Q: Did the lawyer have to accept future matters from the client?

A: No. With no active representation, the section found no Rules obligation to accept a later request.

Q: Could fear of a disciplinary complaint justify protective action?

A: No. The section said protecting the lawyer from a possible complaint had no place in that decision.

Q: When could protective action be taken?

A: Only when the lawyer reasonably believed the client could not adequately act in her own interest, with action limited to preserve autonomy.

Q: Did disability alone justify withdrawal?

A: No. The section rejected disability alone as good cause, although it discussed limited circumstances where withdrawal could be permitted.

Background and rules framework

The opinion applied then-current Vermont Rule 1.14(a) and (b), discussed Rule 1.16 on withdrawal, and cited ABA Formal Opinion 96-404. It distinguished proposed amendments that had not yet been adopted.

Citations and references

Vermont Rules of Professional Conduct:

  • Rules 1.14(a)–(b), 1.16(a)(1), 1.16(b)(6), and 1.6.

Other opinions cited:

  • ABA Formal Opinion 96-404; Vermont Opinion 2000-03.

See also

Source

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