My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

Lawyers who regularly deal with elderly and disabled clients like I do often confront the issue of client capacity. Under our professional rules, a lawyer may represent a client who has less than full capacity, although a lawyer is precluded from representing a client who lacks capacity. The issue confronting the lawyer involves properly assessing and addressing the needs of a client with questionable capacity, and it  is one of the more complex ethical issues surrounding the practice of law. The issue is further complicated by the fact that the standards for determining legal capacity vary, depending upon the transaction to be entered into by the client. In an effort to clarify the issue of client capacity and lawyer responsibility, I prepared an article on the subject that was published in the August issue of the New Jersey Lawyer Magazine, which focuses on Elder and Disability Law. My article is entitled Client Capacity – Assessment and Advocacy.

The article is annexed here – Article in NJ Lawyer Magazine – August 2010

The August 2010 special edition of the New Jersey Lawyer Magazine focusing on Elder and Disability Law is annexed here – New Jersey Lawyer Magazine August 2010