Paula is a paralegal for John, an attorney who practices in estate planning and Elder law. The attorney represents Millie, a wealthy widow in her late 80s with no children. Until recently, Millie had been lucid and quite active in the senior community. Millie's estate was rather complex, and John had been in regular contact with Millie because Millie wants to minimize her estate taxes and a limited partnership was formed to help meet that goal. Now, however, John has not spoken with Millie for several months although he has left several voicemail messages and mailed letters to her. John is concerned because it is mid-December and several matters need to be addressed before the end of the year to continue meeting Millie's goal of minimizing her estate taxes. Finally, Millie calls John, but claims she has never heard of him before and wants him and all the other aliens to stop bothering her. Does John have any obligations toward Millie in this situation?

Question

Quizplus · Accepted Answer

Yes, if John reasonably believes that Millie has diminished capacity and a risk exists that Millie may sustain substantial financial harm. The general rule is that a lawyer must maintain a normal client-lawyer relationship, to the extent possible, if a client has diminished capacity to make adequately considered decisions. Model Rule 1.14(a). But an attorney may take reasonably necessary action if (1) the attorney reasonably believes that a client has diminished capacity, and (2) a risk of substantial physical, financial, or other harm to the client exists. Possible actions include speaking to a relative, contacting government agencies, or seeking appointment of a guardian or conservator. Model Rule 1.14(b). Answer B is the best choice because it states the obligation that John has or may have toward Millie under the Model Rules. Answer A is not the best choice because it suggests that John will only have the obligation if he first has the conservator appointed. Answer C is not the best choice because it states the general rule and does not state John's obligations if serious financial harm may result from diminished capacity. Answer D is not the best choice because John could be obligated to contact a social service agency on Millie's behalf.

Paula Is a Paralegal for John, an Attorney Who Practices