ISBA Ethics Opinions on Impaired Client | Illinois State Bar Association

Opinion 20-07 | Guardians and Guardianship | Impaired Client
Lawyer's obligations when client becomes impaired during the representation.

When a lawyer has been representing a client for several years in opposition to the court appointment of a guardian for the client’s estate, and the lawyer currently believes that the client is mentally incapacitated, the Rules do not mandate the lawyer’s continued prosecution of the client’s appeal attempting to reverse the trial court’s judgment appointing an estate guardian, in the manner of prosecution last discussed between the lawyer and the client when the lawyer believed the client had adequate capacity to make considered decisions.
Opinion 17-01 | Confidentiality | Impaired Client
Disclosure of client confidential information to prevent reasonably certain death or substantial bodily harm

The question of whether the disclosure of confidential information is necessary to prevent reasonably certain death or substantial bodily harm is a factual issue.
Opinion 12-10 | Confidentiality | Impaired Client | Withdrawal from Representation
Withdrawal from representation and disclosure to court of client's increasingly impaired mental capacity

It would be professionally proper for a lawyer to request permission of the Court to withdraw if the client’s actions or conduct is rendering the lawyer’s fulfillment of employment difficult or is demanding action which in the lawyer’s judgment is contrary to the law. Under the facts presented, it would be professionally proper for a lawyer to seek the establishment of guardianship for a client when the information upon which the lawyer acts was learned by the lawyer through the confidential relationship.
Opinion 00-02 | Confidentiality | Fees Paid by Third Party | Impaired Client
Confidentiality of impaired client’s medical report

A lawyer may not divulge a psychiatric report utilized in a Social Security Disability hearing to the adult claimant’s parent unless the attorney is of the opinion that the adult claimant is disabled to the extent that a guardian should be appointed for the claimant.
Opinion 96-06 | Conflict of Interest - Litigation Matters | Fees Paid by Third Party | Impaired Client
Concurrent representation of parents and minor child

Lawyer cannot continue to represent both parents and child when the parents have placed restrictions on the lawyer's representation of the child. The lawyer is required to exercise independent professional judgment on behalf of the child. The lawyer cannot be influenced by one other than the client merely because the other is paying the lawyer to represent the client.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.