In the event of a client's poor decision-making capacity, what is a lawyer allowed to consider as a protective action?

When a client demonstrates poor decision-making capacity, a lawyer has an ethical obligation to consider protective actions that respect the client's dignity while also addressing their needs. Consulting with family or support groups is a constructive approach. This option allows the lawyer to gather insights about the client's situation and potentially involve supportive individuals who have the client's best interests at heart. By engaging family members or support networks, the lawyer can obtain a more comprehensive understanding of the client's circumstances, which may assist in making informed decisions regarding the representation or necessary interventions.

In contrast, taking automatic control over the client's finances goes beyond the lawyer's authority and could violate ethical duties, leading to potential exploitation of the client. Ceasing all communication with the client would not serve the client's interests and could further isolate them. Reporting the client to law enforcement is an extreme step that may only be warranted in specific situations involving immediate harm, but it is not a standard protective action for addressing poor decision-making capacity. Therefore, consulting with family or support groups is the most appropriate and ethically sound response in such scenarios.