Clients with Diminished Capacity

In California, lawyers cannot disclose a client's confidential information to protect a client with diminished capacity unless it falls under the very limited exceptions of preventing death or substantial bodily harm. This differs from the ABA Rule, which allows for broader disclosures to protect clients who are impaired. Essentially, California's rule is stricter regarding client confidentiality in these situations.

An attorney learns that their elderly client, who has been diagnosed with dementia, is planning to make a risky financial investment that could lead to significant losses. The attorney believes this could cause substantial harm to the client, but since the situation does not involve imminent death or substantial bodily harm, they cannot disclose this information to prevent the investment. Therefore, the attorney must respect the client's confidentiality and cannot intervene.

California keeps client secrets tighter than the ABA when it comes to impaired clients.

Exams often include scenarios where students might think they can disclose information to protect an impaired client, but they overlook the strict limitations of California's rule. Students may confuse the broader ABA provisions with California's narrower exceptions.

Questions typically present a fact pattern involving a client with diminished capacity and a potential risk, testing whether students recognize the limited grounds for disclosure under California law. Look for clues about the nature of the harm to determine if it meets the strict criteria.