Category: Ethical Duties

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Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity

We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and Conduct has now finalized Formal Opinion Number 2021-207, which is close in content to the earlier opinion.… Continue Reading

Assembly Bill 1194 – How Will “Free Britney” Impact California Lawyers and Courts?

Assembly Bill 1194, approved by Governor Newsom on September 30, 2021, tightens oversight of California conservators, especially those licensed by the Professional Fiduciaries Bureau. The bill expands the duties of California courts with respect to conservatorships, though some reforms depend upon funding in future legislation.  With a projected budget surplus, and keen public interest in … Continue Reading

Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity

What are the ethical obligations of a California lawyer for a client with diminished mental capacity?  The ethics committee of the State Bar of California answers this key question in draft Formal Opinion No. 13-0002, with public comment due by August 24, 2021. While all lawyers may represent clients who have questionable capacity, the situation … Continue Reading
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