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Locate an ethical opinion as to what an attorney is to do if he or she believes a client is under a disability. Provide a brief explanation as to how the attorney should proceed.
OPINION 85-4, October 1, 1985, however, the attorney should consult Ethical Consideration 7-12, which deals with the problem of a client under a disability. The EC states:
“Any mental or physical condition of a client that renders him incapable of making a considered judgment on his own behalf casts additional responsibilities upon his lawyer. Where an incompetent is acting through a guardian or other legal representative, a lawyer must look to such representative for those decisions, which are normally the prerogative of the client to make. If a client under disability has no legal representative, his lawyer may be compelled in court proceedings to make decisions on behalf of the client. If the client is capable of understanding...
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