Rule 16-114 NMRA

Rule 16-114. Client with diminished capacity.

Last amended: 2008Year: 2008Length: 196 wordsOfficial source
A. Client-lawyer relationship. 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. Protective action. 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. Protected information. Information relating to the representation of a client with diminished capacity is protected by Rule 16-106 NMRA of the Rules of Professional Conduct. When taking protective action pursuant to Paragraph B of this rule, the lawyer is impliedly authorized under Paragraph A of Rule 16-106 NMRA of the Rules of Professional Conduct to reveal information about the client, but only to the extent reasonably necessary to protect the client’s interests.
Rule 16-114 NMRA: Rule 16-114. Client with diminished capacity. | Justis AI