What is the key principle of Model Rule 1.14 when representing a client with diminished capacity?

• A. Comply with all client requests regardless of capacity.
• B. Immediately seek court appointment of a guardian.
• C. Preserve the client’s ability to participate in decisions as much as possible, with protective steps if necessary.
• D. Withdraw from representation.

Answer: (C)

Dealing with diminished capacity means the lawyer should keep the client involved and capable of participating in decisions to the greatest extent possible, stepping in with protective measures only when necessary to safeguard the client’s interests. This approach recognizes that even when capacity is impaired, the client’s preferences and values should guide decisions, and the lawyer should use clear communication, confirm understanding, and involve supportive persons with the client’s consent.

So the best answer is to preserve the client’s ability to participate in decisions as much as possible, with protective steps if necessary. Protective actions are a last resort and should be limited to what is reasonably necessary to protect the client, tailored to the client’s expressed wishes and best interests.

Why the other options don’t fit: complying with every request without regard to capacity would ignore the lawyer’s duty to assess capability and ensure decisions are informed; seeking guardianship immediately is an overly drastic step that bypasses continued client participation where possible; withdrawing from representation as a default response would abandon the client instead of supporting their decision-making and protection.