skip navigation
search

End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Louisiana Legal Ethics

1.14   Rule 1.14 Client Under a Disability

1.14:100   Comparative Analysis of Louisiana Rule

¥ Primary Louisiana References: LA Rule 1.14
¥ Background References: ABA Model Rule 1.14, Other Jurisdictions
¥ Commentary:

1.14:101      Model Rule Comparison

Unless a clientÕs impairment makes his decisions unreliable, LRPC 1.14(a) requires a lawyer to treat a client whose decision-making is impaired the same as he would treat any other client. Paragraph (a) allows the lawyer to take protective action when the circumstances so require. MR 1.14(a) merely charges the lawyer to maintain a normal lawyer-client relationship with a client whose decision-making is impaired. Comment 3 to MR 1.14, like LRPC 1.14(a), urges a lawyer to seek appointment of a representative for his client when the situation warrants. LRPC 1.14(a) also reminds the lawyer that, even when his client has a legal representative, it is still the clientÕs best interests that the lawyer must protect. Comment 2 to MR 1.14 contains the same basic premise. The text of LRPC 1.14(b) is identical to that in its counterpart, MR 1.14(b).

1.14:102      Model Code Comparison

LRPC 1.14 requires a lawyer with a disabled client to treat that client as any other unless the disability makes the clientÕs decision-making unreliable. When the clientÕs decision-making does become impaired, the Rule allows the lawyer to take protective action. Likewise, EC 7-11 and 7-12 recognize that a lawyerÕs responsibilities change according to the intelligence, experience, mental condition or age of a client. EC 7-12 provides that a lawyer whose clientÕs condition has impaired his or her decision-making capacity has additional responsibilities in dealing with that client. Like LRPC 1.14(a), EC 7-12 encourages the lawyer to seek all possible assistance from his client and, when necessary, to either act in the clientÕs best interest as the clientÕs decision-maker or seek a legal representative for the client should the client become incompetent.

LRPC 1.14(b) stipulates that a lawyer may only seek the protective action mentioned in Paragraph (a) when he reasonably believes that the client cannot act in his own self-interest. EC 7-12 notes that a lawyer may be compelled to seek a legal representative for his client when his client has a disability and no legal representative.

1.14:200   Problems in Representing a Partially or Severely Disabled Client

¥ Primary Louisiana References: LA Rule 1.14
¥ Background References: ABA Model Rule 1.14, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:601, ALI-LGL ¤ 35, Wolfram ¤ 4.4

This section has not yet been completed.

1.14:300   Maintaining Client-Lawyer Relationship with Disabled Client

¥ Primary Louisiana References: LA Rule 1.14(a)
¥ Background References: ABA Model Rule 1.14(a), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:601, ALI-LGL ¤ 35, Wolfram ¤ 4.4

This section has not yet been completed.

1.14:400   Appointment of Guardian or Other Protective Action

¥ Primary Louisiana References: LA Rule 1.14(b)
¥ Background References: ABA Model Rule 1.14(b), Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 31:601, ALI-LGL ¤ 35, Wolfram ¤ 4.4

This section has not yet been completed.

Copyright
About us
Send email