We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s.
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What are the ethical obligations of a California lawyer for a client with diminished mental capacity? The ethics committee of the State Bar of California answers this key question in draft Formal Opinion No. 13-0002, with public comment due by August 24, 2021.
While all lawyers may represent clients who have questionable capacity, the situation arises with frequency and urgency for estate planning attorneys. The opinion interprets the California Rules of Professional Conduct as amended in 2018. Along with the updated ethics guide recently published by the Trusts and Estates Section of the California Lawyers Association, the opinion will provide key guidance to lawyers navigating their ethical duties.