Abstract
I. INTRODUCTION While providing guidelines to practicing attorneys on ethical standards to be followed while dealing with clients, third parties, and the court itself, the Model Rules of Professional Conduct do not provide a rule dealing specifically with elderly or infirm clients. One rule that provides some guidance in this area is Model Rule 1.14. 1 This rule provides that when a client's ability "to make adequately considered decisions" is impaired, "the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client." 2 This language, however, is not very instructive. The rule continues by stating that an attorney may seek a guardian or "other protective action" if he or she "reasonably believes" the client is unable to act in his or her own interest. 3 This part of the rule allows for the attorney to make a preliminary determination as to his or her client's competence, but again, provides no roadmap as to how to go about making such a determination. Attorneys representing an elderly or infirm client may face greater obstacles in complying with some of the other rules of conduct than in complying with Rule 1.14; for example, Model Rules 1.2, 1.6, and 1.7 present unique challenges. 4 Furthermore, an attorney facing disciplinary proceedings under the rules of conduct may have his or her punishment enhanced if he or she represents an elderly or infirm client. 5 This is so because the vulnerability of the client is an aggravating factor to be ...