It is not uncommon for a divorce lawyer to come to the conclusion that their opposing counsel and the adverse party are correct when they say “your client is crazy.” What obligation, if any, does an Illinois divorce lawyer have when they suspect that their client is suffering from a severe mental illness or incapacity? Illinois Divorce Lawyers Must Follow The Rules Of Professional Conduct Illinois divorce lawyers must be thoroughly familiar with The Rules Of Professional Conduct. Those rules govern our duty to out clients. The “Code of Professional Conduct, part of our Supreme Court Rules, have the force of law and embody the public policy of our state.” In re Marriage of Newton, 2011 IL App (1st) 090683, ¶ 40 Illinois divorce lawyers are supposed to treat their clients normally as much as possible under the circumstances. “When a client’s capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.” Ill. Sup. Ct. R. 1.14(a) If the Illinois divorce lawyer has a reasonable belief that the client cannot make their own decisions. The lawyer may take steps to investigate and possibly appoint a guardian ad litem for their mentally incapacitated client. Note that Rule 1.14(b) says “may”. An Illinois divorce lawyer is not under an obligation to take any further steps to address the client’s mental condition. “When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client’s own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.” Ill. Sup. Ct. R. 1.14(b) If the Illinois divorce lawyer does wish to address their client’s mental incapacity, the lawyer must balance the client’s mental issues with the consequences of those mental issues. Just because someone has a mental issue does not mean their divorce will necessarily have a different result. “In determining the extent of the client’s diminished capacity, the lawyer should consider and balance such factors as: the client’s ability to articulate reasoning leading to […]
