Recorded Webinar: Assessing a Client's Capacity to Give Instructions (Professional Skills)

Central to the lawyer-client relationship is that a practitioner must be able to rely and act on instructions given by a client. However, what if a lawyer has doubts about their client’s ability to give instructions? Recognizing the signals of incapacity, physical or otherwise, and how to deal with it is the subject of this session. It includes:

• Understanding Solicitor Conduct Rules on client capacity

• Recognizing signals and signs of incapacity during client interviews – spotlight on mental health, disability and other issues affecting capacity

• What to do when you have doubt about a client’s capacity

• Recording initial mental capacity assessment

• When to refer client and to whom

• Talking about capacity with the client

• When to seek a substitute decision maker

• Case study – capacity checklist for lawyers

• Case report – Ryan v Dalton [2017] NSWSC 1007