When representing a client with diminished capacity, what is the aim of protective steps?

• A. To protect the client's decision-making while preserving autonomy.
• B. To ignore the client's preferences.
• C. To replace the client’s preferences with the lawyer's.
• D. To avoid discussing the case.

Answer: (A)

Protective steps are meant to safeguard the client’s ability to participate in decisions and to honor the client’s own choices as much as possible. When a client has diminished capacity, the lawyer should take actions that both protect the client from harm and preserve autonomy. This means communicating in plain language, eliciting and respecting the client’s known preferences, values, and goals, and involving trusted family, friends, or professionals to support decision-making—doing so to the extent the client desires and in the least restrictive way. If guardianship or other protective measures become necessary, they should be used only as a last resort and for the shortest duration needed. Above all, the lawyer should not substitute their own preferences for the client’s, nor ignore the client’s wishes; the aim is to safeguard decision-making while preserving the client’s autonomy as much as possible.