Brooke Benzio Authors Article About Ethical Considerations Related to Clients with Diminished Capacity
Quarles & Brady attorney Brooke Benzio, an Estate, Trust & Wealth Preservation partner in the firm’s Naples, Fla., office, wrote an article for the Collier County Bar Association’s Adverse Witness April/May issue about ethical considerations for attorneys advising clients who may have diminished capacity.
Last spring, The Florida Bar updated its “Clients with Diminished Capacity” ethics rule, adding provisions in line with the American Bar Association’s rule on the topic. In the article, Benzio outlines key takeaways of the revised rule and considerations attorneys should keep in mind if they think they may be dealing with a client in this situation.
First, consider all of the facts and circumstances available, and make a determination of the resulting level of concern regarding the client's capacity. Once you have determined your level of concern, determine and employ the appropriate supportive actions (such as involving a trusted family member with the client's permission) to proceed with the representation if possible, or if the representation cannot continue, take steps necessary to protect the client and their interests… Finally, whatever action you take, ensure the client's best interests are at the forefront.