What is a key exception to confidentiality when dealing with clients of diminished capacity?

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Revealing information only as needed to protect the client's interest is a key exception to confidentiality when working with clients of diminished capacity. In such situations, the lawyer may need to disclose certain confidential information in order to act in the best interest of the client. This is grounded in the ethical obligation to protect the client and ensure that their rights and interests are safeguarded, especially when they may not be able to fully advocate for themselves due to their diminished capacity.

For instance, if a lawyer identifies that a client cannot make informed decisions regarding their case, it may be necessary to share certain details with a guardian or other professionals who can assist the client in decision-making. This disclosure is limited to what is reasonably necessary to protect the client’s interests, maintaining a balance between the duty of confidentiality and the obligation to act in the client's best interest.

This understanding of the exception emphasizes the principle that confidentiality is fundamental, but there are circumstances, particularly concerning vulnerable clients, where limited disclosures are permissible to ensure they receive the support and protection they need.

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