LEO: Mentally Incompetent Client/Appointment  LE Op. 570


Mentally Incompetent Client/Appointment of

Committee/Confidential Information.


April 20, 1984


An attorney who believes that her client is mentally disabled is not

obligated by the Code of Professional Responsibility to petition the court

for a committee or other personal representative. The attorney is entitled

to do so however, if she deems it to be in the best interest of her



When the attorney has received information by affidavit which the affiant

has asked not be disclosed to the client, the attorney is none the less

under an obligation to advise her client that such affidavit exists. [

EC:7-12, LE Op. 463 and DR:6-101(D)]


Committee Opinion April 20, 1984