4.1.3Clients with diminished capacity (Rule 1.14)

Note on the current text. In February 2026 the ABA rewrote this rule and retitled it Client with Decision-Making Limitations. The MPRE does not test an amendment until at least a year after the ABA adopts it, so the version below is the one your exam tests. If you meet the new title elsewhere, it is the same rule under a later name.

Capacity is a gradient, not a switch, and a client whose judgment is impaired is still a client. Without a rule, a lawyer facing a client at risk would either take over that client's life or stand by while harm ran its course. This rule keeps both extremes off the table.

Maintain a normal client-lawyer relationship as far as reasonably possible when capacity is diminished by minority, mental impairment, or another reason. The lawyer may, but need not, take reasonably necessary protective action where the lawyer reasonably believes all three are present:

1. diminished capacity;
2. risk of substantial physical, financial or other harm unless action is taken; and
3. inability to act adequately in the client's own interest.

Disclosure runs only as far as reasonably necessary.

Context. Diminished capacity doesn't end the client's right to direct the representation; protective action under Rule 1.14 is permissive and requires all three conditions.

The rule (Rule 1.14):

General duty: Maintain a normal client-lawyer relationship as far as reasonably possible when capacity is diminished by minority, mental impairment, or other reason.

Protective action (Rule 1.14(b)): The lawyer may (not must) take reasonably necessary protective action when the lawyer reasonably believes all three are present:

1. diminished capacity;
2. risk of substantial physical, financial or other harm unless action is taken; and
3. inability to adequately act in the client's own interest.

Protective actions include consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.

Confidentiality (Rule 1.14(c)): General confidentiality rules apply. Protective action impliedly authorizes disclosure only to the extent reasonably necessary to protect the client.

Comment [9] — Emergency assistance to non-clients with seriously diminished capacity: In an emergency where a person with seriously diminished capacity faces imminent and irreparable harm to health, safety or a financial interest, the lawyer may take legal action on that person's behalf when the person, or another acting in good faith on that person's behalf, has consulted the lawyer. Even then the lawyer should not act unless the lawyer reasonably believes the person has no other lawyer, agent or other representative available. Action is limited to maintaining the status quo or avoiding the immediate harm. The lawyer owes the same duties as to a regular client and ordinarily seeks no compensation.

Comments [2] and [4] — When a guardian or conservator is involved: Keep communicating with the client. But where a legal representative has already been appointed, the lawyer should ordinarily look to that representative for decisions on the client's behalf. Where the lawyer represents the guardian as distinct from the ward and is aware that the guardian is acting adversely to the ward's interest, the lawyer may have an obligation to prevent or rectify the guardian's misconduct.