We are pleased to announce the launch of Remotely Ethical, a webcast series on legal ethics, professional responsibility and the law of lawyering. We will cover many issues that lawyers face as they grapple with remote lawyering in the midst of the COVID-19 crisis, as well as other current ethics and professional responsibility issues. The topic of our first episode is Missing Clients where we discuss what to do if your client gets too sick to cooperate with the representation or, for any other reason, stops communicating with you in the midst of the crisis.
In this episode, we address:
- How to represent clients who have diminished capacity due to illness or other causes (Rule 1.14)
- Communicating with third parties when a client has diminished capacity (Rule 1.14 and 1.6)
- Identifying when it may be appropriate to withdraw from a representation due to a client’s failure to cooperate (Rule 1.16)
- Exhausting all efforts to communicate with clients before withdrawing from the representation
- Considering the optics of withdrawal during the current Covid-19 crisis
- Contrasting requirements for withdrawal in transactional and litigation matters
- Risk management and getting advice before taking action
Watch more episodes of Remotely Ethical on our YouTube channel.
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If you have a client who you believe may be incapacitated . . . the rules allow you to take some additional steps for the protection of the client.