QUESTION
You represent an elderly man who lives alone. You have recently received reports from neighbors and friends of the client who are concerned about his welfare. They say he is not eating properly, seems confused and never leaves his apartment. You visited the client yesterday and concluded that he is not capable of taking care of himself. The client, however, doesn’t think he needs help and says “I’m doing fine.” May you ethically contact an agency to provide protective services to your client?
A. No, the information is confidential and may not be disclosed.
B. No, unless you have the informed consent of your client, confirmed in writing.
C. Yes.
D. Yes, but you must provide the information anonymously.
ANSWER C
Nebraska Court Rule of Professional Conduct §3-501.14(b) and (c) state:
“(b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.
(c) Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests.”
Prepared by the Counsel for Discipline of the Nebraska Supreme Court. If you have a question about your ethical responsibilities, contact the Office of the Counsel for Discipline at 402-471-1040 or 877-504-0967.