On February 9, 2026, the ABA House of Delegates adopted a new Model Rule 1.14 essentially modernizing in many significant ways the former Model Rule, with a shift from focusing on diminished capacity (under the former rule) to decision-making limitations (under the new rule). Contemporary thought on this subject has changed from a focus on a person’s disability to the client's ability to participate in decisions with appropriate supports.
This program provides a practical, ethics-focused examination of a lawyer’s professional responsibilities when representing clients whose decision-making ability may be impaired due to age, illness, disability, or cognitive limitations. The session will analyze the governing framework under the ABA Model Rules of Professional Conduct, with particular emphasis on Model Rule 1.14 (Client with Decision-Making Limitations) and its interaction with Rule 1.1 (Competence), and Rule 1.4 (Communication), Rule 1.6 (Confidentiality of Information).
Participants will learn how to identify indicators of decision-making limitations, distinguish between legal incapacity and functional limitations, and determine when protective action may be ethically permissible under Rule 1.14(b), including consultation with family members, professionals, or the potential appointment of a guardian. The program will also address how confidentiality is preserved or permissibly limited under Rule 1.6 when taking protective action, and how lawyers can maintain, as far as reasonably possible, an ordinary client-lawyer relationship consistent with new Rule 1.14(a).
The session will include practical guidance on communication techniques, documentation practices, and risk-management strategies to preserve client autonomy while supporting the client in decision-making. Realistic hypotheticals will illustrate common challenges, including potential undue influence, intrusive family members, and decisions regarding disclosure or third-party involvement.
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