What is one of the first steps a lawyer should take when dealing with a client who has diminished capacity?

Maintaining a normal lawyer-client relationship is crucial when a lawyer is working with a client who has diminished capacity. This approach is rooted in the values of respect and autonomy, as the lawyer should strive to empower the client to the greatest extent possible. Engaging with the client respectfully and maintaining open lines of communication helps the lawyer assess the client's abilities and understanding, facilitating a more effective representation.

Maintaining the relationship allows the lawyer to ascertain how much the client can comprehend regarding their legal matters and make efforts to adapt communication style and legal strategies to support the client’s needs. This helps ensure that the client feels included in the process, which is integral for their dignity and self-esteem.

The other choices may not follow best practices in handling clients with diminished capacity. Consulting with the courts is generally a later step when a lawyer believes the client cannot make decisions due to mental incapacity. Making decisions on behalf of the client can violate the client's autonomy unless the lawyer is appointed as a guardian or if the client has specifically requested assistance. Ending representation outright can strip the client of needed legal support without any due process. Therefore, preserving a normal lawyer-client relationship aligns with the ethical obligations to respect client autonomy while providing necessary guidance.