Rule 16-114 NMRA
Rule 16-114. Client with diminished capacity.
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.