Read Illinois Rule of Professional Conduct 1.14 Client with Diminished Capacity
Rule 1.14 Client with Diminished Capacity
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Opinion 20-07 |
Guardians and Guardianship | Impaired Client
When a lawyer has been representing a client for several years in opposition to the court appointment of a guardian for the client’s estate, and the lawyer currently believes that the client is mentally incapacitated, the Rules do not mandate the lawyer’s continued prosecution of the client’s appeal attempting to reverse the trial court’s judgment appointing an estate guardian, in the manner of prosecution last discussed between the lawyer and the client when the lawyer believed the client had adequate capacity to make considered decisions.
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Opinion 17-01 |
Confidentiality | Impaired Client
The question of whether the disclosure of confidential information is necessary to prevent reasonably certain death or substantial bodily harm is a factual issue.
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Opinion 12-10 |
Confidentiality | Impaired Client | Withdrawal from Representation
It would be professionally proper for a lawyer to request permission of the Court to withdraw if the client’s actions or conduct is rendering the lawyer’s fulfillment of employment difficult or is demanding action which in the lawyer’s judgment is contrary to the law. Under the facts presented, it would be professionally proper for a lawyer to seek the establishment of guardianship for a client when the information upon which the lawyer acts was learned by the lawyer through the confidential relationship.
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Opinion 00-02 |
Confidentiality | Fees Paid by Third Party | Impaired Client
A lawyer may not divulge a psychiatric report utilized in a Social Security Disability hearing to the adult claimant’s parent unless the attorney is of the opinion that the adult claimant is disabled to the extent that a guardian should be appointed for the claimant.
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Opinion 96-06 |
Conflict of Interest - Litigation Matters | Fees Paid by Third Party | Impaired Client
Lawyer cannot continue to represent both parents and child when the parents have placed restrictions on the lawyer's representation of the child. The lawyer is required to exercise independent professional judgment on behalf of the child. The lawyer cannot be influenced by one other than the client merely because the other is paying the lawyer to represent the client.
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Opinion 92-12 |
Confidentiality | Impaired Lawyer | Reporting Lawyer Misconduct
An attorney may not use or reveal information given him by a doctor/client concerning the doctor's patient (an attorney considered to be incompetent to practice law) but he may suggest alternatives that the doctor can pursue with the patient and his family.