Who's in charge? No easy answers in representing the mentally incompetent client

Article Abstract:

Attorneys wondering how to represent mentally incompetent clients can look for some guidance in ABA Model Rule of Professional Conduct 1.14. The ABA Ethics Committee recommends that lawyers determine a client's competence when this is in doubt by consultation with family members and experts. Such consultations would come under ABA Model Rule of Professional Conduct 1.6 relating to confidential information. When a client is determined to be mentally incompetent, lawyers are to take the least restrictive measures available.

Social aspects, United States, Evaluation, Capacity and disability, Practice of law, Attorney and client

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Taming talkative attorneys: California bar proposes - but dislikes - trial publicity rule

Article Abstract:

The California Legislature has required that the California Bar to suggest a disciplinary rule limiting interactions between lawyers and the press. The bar proposed one barring lawyers from making such statements if they would prejudice a criminal or civil trial. The proposal was sent to the state supreme court, with the proviso that most lawyers would prefer not to have a rule. The proposal does contain safe-harbor provisions permitting lawyers to publicly respond to an adversary's comments to the press.

California, Free press and fair trial, Pretrial publicity, Right to fair and impartial trial

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Workers' comp practices shrink; in some states, reform means fewer cases for attorneys

Article Abstract:

There has been a nationwide decline in attorney involvement in workers' compensation cases. One reason may be new laws aimed at decreasing costs for businesses. Texas attorneys have been affected the most. In that state, a law limiting attorney fees took effect in Jan 1991.

Cases, Attorneys, Legal specialization, Workers' compensation

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