In March 2020, Thomson Rogers partner Robert M. Ben discusses a lawyer’s obligations in the provision of legal services when “Representing Vulnerable and Incapable Clients“. This article was published in The Litigator, a publication of the Ontario Trial Lawyers Association (OTLA).
As lawyers, we are in a special position to help people who seek us out for advice and instill their trust in us. It is probably safe to say that when injury victims retain a litigation lawyer, they are likely going through one of the more difficult times in their lives. Some of them may have mental disabilities that make communication and decision-making difficult. Where clients are under a “legal disability” – lacking mental capacity, for example – they can be particularly vulnerable. It is essential that they be able to exercise their legal rights in the same way as anyone else. In order to enable them to do so, lawyers need to give these particularly vulnerable clients special consideration.
Read the full article here.