My Basement Is Filled with Pornography!

This article discusses ABA Model Rule 1.14, which deals with representing clients with mental disabilities. The author shares a real-life call from a friend, Amedra, who is concerned about her husband’s behavior. The article also mentions ethical considerations in representing clients with questionable competency. After Amedra’s husband died, she withdrew from our social group. She called her friend, a lawyer, and claimed that someone was taping her calls and had hidden cameras in her house. The lawyer is now faced with ethical issues because Amedra may be mentally deranged. They must figure out how to protect her and what duties they owe to her. This situation brings up the importance of moral obligations in the legal profession, similar to the ethical responsibilities of doctors in medicine. If a lawyer has a long relationship with a client but isn’t currently working for them, they still have a duty to protect the client if needed. However, the lawyer can’t just take over and control the client’s decisions. They need to have serious conversations with the client to understand how their behavior is affecting their well-being. The lawyer needs to determine what is at risk for the client and define it in each situation. In simple terms, the lawyer has to treat their client with respect, even if the client has a disability. They have to try to communicate and make decisions with the client as much as possible. If the client can’t make responsible decisions for themselves, the lawyer can step in to help, but only if the client’s well-being is at risk. For example, if the client wants to destroy their own home, the lawyer can intervene to protect them. In simple terms, a lawyer cannot make decisions for their client just because they think it’s the right thing to do. They have to respect the client’s right to make their own choices, unless the client is in danger. This means that just because someone acts differently, it doesn’t mean the lawyer can take over. They can only step in if the client is at risk. As a lawyer, I have a responsibility to protect my clients, especially if they may not be able to make decisions for themselves. If I think a client is not able to make good decisions, I may need to talk to a doctor or family member to figure out the best way to help them. I have to respect my client’s rights, but I also have to make sure they are safe. This is a tough job, but I take it seriously and I’m honored to help my clients in their time of need. This information talks about how lawyers should handle clients who are elderly or have disabilities. It explains that lawyers need to maintain a good relationship with these clients and get information from them as much as possible. If the client can’t make good decisions, the lawyer might need to take protective actions, but only if they believe the client can’t act in their own best interest. Deontology is the study of duty and deontic is related to ethical duty. The ABA has a formal opinion about protecting clients under a disability, and it is important for lawyers to get all possible aid from their clients if they are capable of understanding, even if they have a legal disability. This is important because clients may have impaired decision-making abilities due to various reasons like senility, insanity, or addiction. Lawyers have to keep their clients informed about their case and follow their decisions. When representing older clients, lawyers should consider their ability to make decisions based on six factors. The American Bar Association recognizes different levels of competence, and lawyers should always consider the client’s own standards of behavior and values. The goal is to support the client’s autonomy and make decisions in their best interest. A lawyer must keep information about their client confidential, and they don’t have to take action to protect their client unless it won’t harm them. Sometimes, a lawyer has to withdraw from representing a client if it’s in their best interest. This is important in elder law, which focuses on legal issues affecting older adults.

Source: https://www.floridabar.org/the-florida-bar-journal/my-basement-is-filled-with-pornography/