Rule 1.14.Client under a Disability 
 (a)When a client's ability to make adequately considered 
 decisions in connection with the representation is impaired, whether 
 because of minority, mental disability or for some other reason, the 
 lawyer shall, as far as reasonably possible, maintain a normal 
 client-lawyer relationship with the client. 
  
 (b)Not only can the mental, physical or other condition of the 
 client impose additional responsibilities on the lawyer, the fact that a 
 client is impaired does not relieve the lawyer of the obligation to 
 obtain information from the client  to the extent possible. 
  
 (c)A lawyer may seek the appointment of a guardian or take other 
 protective action with respect to a client only when the lawyer reasonably 
 believes that the client cannot act in the client's own interest. 
  
 

                                                                
ANNOTATIONSCOMMENT 
 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 mental disorder or disability, however, maintaining the 
 ordinary client-lawyer relationship may not be possible in all respects. 
 In particular, an incapacitated person may have no power to make legally 
 binding decisions.  Nevertheless, a client lacking legal competence 
 often has the ability to understand, deliberate upon, and reach 
 conclusions about matters affecting the client's own well-being. 
 Furthermore, to an increasing extent the law recognizes intermediate 
 degrees of competence.  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. 
  
 The fact that a client suffers a disability does not diminish the 
 lawyer's obligation to treat the client with attention and respect.  If 
 the person has no guardian or legal representative, the lawyer often 
 must act as de facto guardian.  Even if the person does have a legal 
 representative, the lawyer should as far as possible accord the 
 represented person the status of client, particularly in maintaining 
 communication. 
  
 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.  If a legal representative has not 
 been appointed, the lawyer should see to such an appointment where it 
 would serve the client's best interests.  Thus, if a disabled client has 
 substantial property that should be sold for the client's benefit, 
 effective completion of the transaction ordinarily requires appointment 
 of a legal representative.  In many circumstances, however, appointment 
 of a legal representative may be expensive or traumatic for the client. 
 Evaluation of these considerations is a matter of professional judgment 
 on the lawyer's part. 
  
 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 Rule 1.2(d). 
  
 Disclosure of the Client's Condition 
 Rules of procedure in litigation generally provide that minors or 
 persons suffering mental disability shall be represented by a guardian 
 or next friend if they do not have a general guardian. However, 
 disclosure of the client's disability can adversely affect the client's 
 interests.  For example, raising the question of disability could, in 
 some circumstances, lead to proceedings for  involuntary commitment. 
 The lawyer's position in such cases is an unavoidably difficult one. The 
 lawyer may seek guidance from an appropriate diagnostician. 
  
 COMMITTEE COMMENT 
 The ABA Rule is being recommended but with the addition of a new 
 subsection (b).  The ABA subsection (b) becomes subsection (c), and the 
 language in the proposed subsection (b) is derived from EC 7-11 and EC 
 7-12 of the Code which make clear that a lawyer should obtain all 
 possible aid from the client.  By making these aspirational provisions 
 of the Code part of the "black letter" law of the Rule, more definitive 
 and appropriate direction as to the nature of ethical conduct is 
 provided. 
  
  
  
 ANNOTATION 
  
 Law reviews.  For article, "Ethical Obligations of Petitioners' 
 Counsel in Guardianship and Conservator Cases", see 24 Colo. Law. 2565 (1995).