What can a lawyer do when a client is mentally impaired and cannot make decisions, and should the lawyer seek a guardian?
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.
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 Treat this page as historical context, not current guidance.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
- VA LEO 570: A Mentally Disabled Client and a Confidential Affidavit
- VA LEO 1769: A Guardianship Petition Against a Current Client
- VA LEO 1816: A Suicidal Capital Client Refusing a Defense
Source
- Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
- Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0463.pdf
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.
Get today's answer for your situation
You just read a 1982 opinion on this question. Ezel checks the current Virginia Rules of Professional Conduct and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.