RPC RULE 1.14
                   CLIENT WITH DIMINISHED CAPACITY


  (a) When a client's capacity to make adequately considered decisions in
connection with a representation is diminished, whether because of
minority, mental impairment or for some other reason, the lawyer shall, as
far as reasonably possible, maintain a normal client-lawyer relationship
with the client.

  (b) When the lawyer reasonably believes that the client has diminished
capacity, is at risk of substantial physical, financial or other harm
unless action is taken and cannot adequately act in the client's own
interest, the lawyer may take reasonably necessary protective action,
including consulting with individuals or entities that have the ability to
take action to protect the client and, in appropriate cases, seeking the
appointment of a guardian ad litem, conservator or guardian.

  (c) Information relating to the representation of a client with
diminished capacity is protected by Rule 1.6. When taking protective
action pursuant to paragraph (b), the lawyer is impliedly authorized under
Rule 1.6(a) to reveal information about the client, but only to the extent
reasonably necessary to protect the client's interests.

Comment

    [1] The normal client-lawyer relationship is based on the assumption
that the client, when properly advised and assisted, is capable of making
decisions about important matters. When the client is a minor or suffers
from a diminished mental capacity, however, maintaining the ordinary
client-lawyer relationship may not be possible in all respects. In
particular, a severely incapacitated person may have no power to make
legally binding decisions. Nevertheless, a client with diminished capacity
often has the ability to understand, deliberate upon, and reach
conclusions about matters affecting the client's own well-being. For
example, children as young as five or six years of age, and certainly
those of ten or twelve, are regarded as having opinions that are entitled
to weight in legal proceedings concerning their custody. So also, it is
recognized that some persons of advanced age can be quite capable of
handling routine financial matters while needing special legal protection
concerning major transactions.

  [2] The fact that a client suffers a disability does not diminish the
lawyer's obligation to treat the client with attention and respect. Even
if the person has a legal representative, the lawyer should as far as
possible accord the represented person the status of client, particularly
in maintaining communication.

  [3] The client may wish to have family members or other persons
participate in discussions with the lawyer. When necessary to assist in
the representation, the presence of such persons generally does not affect
the applicability of the attorney-client evidentiary privilege.
Nevertheless, the lawyer must keep the client's interests foremost and,
except for protective action authorized under paragraph (b), must to look
to the client, and not family members, to make decisions on the client's behalf.

  [4] [Washington revision] If a legal representative has already been
appointed for the client, the lawyer should ordinarily look to the
representative for decisions on behalf of the client. In matters involving
a minor, whether the lawyer should look to the parents as natural
guardians may depend on the type of proceeding or matter in which the
lawyer is representing the minor. If the lawyer represents the guardian as
distinct from the ward, and is aware that the guardian is acting adversely
to the ward's interest, the lawyer may have an obligation to prevent or
rectify the guardian's misconduct. See Rules 1.2(d) and 1.6(b)(7).

Taking Protective Action

  [5] If a lawyer reasonably believes that a client is at risk of
substantial physical, financial or other harm unless action is taken, and
that a normal client-lawyer relationship cannot be maintained as provided
in paragraph (a) because the client lacks sufficient capacity to
communicate or to make adequately considered decisions in connection with
the representation, then paragraph (b) permits the lawyer to take
protective measures deemed necessary. Such measures could include:
consulting with family members, using a reconsideration period to permit
clarification or improvement of circumstances, using voluntary surrogate
decisionmaking tools such as durable powers of attorney or consulting with
support groups, professional services, adult-protective agencies or other
individuals or entities that have the ability to protect the client. In
taking any protective action, the lawyer should be guided by such factors
as the wishes and values of the client to the extent known, the client's
best interests and the goals of intruding into the client's decisionmaking
autonomy to the least extent feasible, maximizing client capacities and
respecting the client's family and social connections.

  [6] In determining the extent of the client's diminished capacity, the
lawyer should consider and balance such factors as: the client's ability
to articulate reasoning leading to a decision, variability of state of
mind and ability to appreciate consequences of a decision; the substantive
fairness of a decision; and the consistency of a decision with the known
long-term commitments and values of the client. In appropriate
circumstances, the lawyer may seek guidance from an appropriate diagnostician.

  [7] If a legal representative has not been appointed, the lawyer should
consider whether appointment of a guardian ad litem, conservator or
guardian is necessary to protect the client's interests. Thus, if a client
with diminished capacity has substantial property that should be sold for
the client's benefit, effective completion of the transaction may require
appointment of a legal representative. In addition, rules of procedure in
litigation sometimes provide that minors or persons with diminished
capacity must be represented by a guardian or next friend if they do not
have a general guardian. In many circumstances, however, appointment of a
legal representative may be more expensive or traumatic for the client
than circumstances in fact require. Evaluation of such circumstances is a
matter entrusted to the professional judgment of the lawyer. In
considering alternatives, however, the lawyer should be aware of any law
that requires the lawyer to advocate the least restrictive action on
behalf of the client.

Disclosure of the Client's Condition

  [8] Disclosure of the client's diminished capacity could adversely
affect the client's interests. For example, raising the question of
diminished capacity could, in some circumstances, lead to proceedings for
involuntary commitment. Information relating to the representation is
protected by Rule 1.6. Therefore, unless authorized to do so, the lawyer
may not disclose such information. When taking protective action pursuant
to paragraph (b), the lawyer is impliedly authorized to make the necessary
disclosures, even when the client directs the lawyer to the contrary.
Nevertheless, given the risks of disclosure, paragraph (c) limits what the
lawyer may disclose in consulting with other individuals or entities or
seeking the appointment of a legal representative. At the very least, the
lawyer should determine whether it is likely that the person or entity
consulted with will act adversely to the client's interests before
discussing matters related to the client. The lawyer's position in such
cases is an unavoidably difficult one.

Emergency Legal Assistance

  [9] In an emergency where the health, safety or a financial interest of
a person with seriously diminished capacity is threatened with imminent
and irreparable harm, a lawyer may take legal action on behalf of such a
person even though the person is unable to establish a client-lawyer
relationship or to make or express considered judgments about the matter,
when the person or another acting in good faith on that person's behalf
has consulted with the lawyer. Even in such an emergency, however, the
lawyer should not act unless the lawyer reasonably believes that the
person has no other lawyer, agent or other representative available. The
lawyer should take legal action on behalf of the person only to the extent
reasonably necessary to maintain the status quo or otherwise avoid
imminent and irreparable harm. A lawyer who undertakes to represent a
person in such an exigent situation has the same duties under these Rules
as the lawyer would with respect to a client.

  [10] A lawyer who acts on behalf of a person with seriously diminished
capacity in an emergency should keep the confidences of the person as if
dealing with a client, disclosing them only to the extent necessary to
accomplish the intended protective action. The lawyer should disclose to
any tribunal involved and to any other counsel involved the nature of his
or her relationship with the person. The lawyer should take steps to
regularize the relationship or implement other protective solutions as
soon as possible. Normally, a lawyer would not seek compensation for such
emergency actions taken.


[Amended effective October 1, 2002; September 1, 2006.]