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The normal attorney-client relationship is based on the assumption that the client, when properly advised and assisted, is capable of making decisions about important matters. When the client is a minor or suffers from a diminished mental capacity, however, maintaining the ordinary client-lawyer relationship may not be possible in all respects. Attorneys must make capacity judgments on a regular basis.
In this CLE, we will cover how and when attorneys are to make capacity judgments, what to do once the judgment has been made, and what the consequences are of failing to or incorrectly making a judgment.
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