Under which condition can a lawyer take protective action for a client?

A lawyer can take protective action for a client when the client has diminished capacity and is at risk of harm because this situation raises significant ethical concerns regarding the client's ability to make informed decisions. In circumstances where a client's diminished capacity makes them vulnerable, the lawyer has a duty to ensure that the client's interests are safeguarded. This may involve taking steps such as consulting with a guardian, seeking a temporary conservatorship, or making decisions in the best interest of the client even if these actions may not align perfectly with what the client would choose if they had full capacity.

While a client expressing dissatisfaction with service, failing to meet financial obligations, or insisting on a particular strategy can raise issues within the lawyer-client relationship, these situations do not typically warrant protective action. Dissatisfaction with service might lead to a discussion about expectations or referring the client elsewhere, financial obligations could result in practical or administrative considerations, and a disagreement over strategy usually involves navigating the ethical principle of client autonomy. However, none of these conditions pose immediate risks to the client’s well-being, which is the critical factor in permitting protective action in circumstances where the client is at risk of harm due to diminished capacity.