Full capacity: should you take instructions from client?

Litigators should be attuned to capacity issues before taking or proceedings with client instructions, warns Hannah Mantle

07 Mar 2019

With increasing awareness of mental health issues, and increasing numbers of people living with conditions such as dementia, we will all be faced with friends, relatives and clients for whom the question of mental capacity will arise.

Capacity issues can be tricky to navigate when they do arise, as every case is different. Capacity moves along a scale, sometimes abruptly, sometimes gradually; and sometimes it recovers.

This can happen over the course of your instruction, or from day to day. We all have a client who becomes too busy to concentrate on their instructions to you, or who breaks down at mediation or at court. Perhaps more unusual would be a client who has suffered a head injury or develops dementia while you are in...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.
Already registered? Login to access premium content

Single User

  • - 10 issues a year delivered to you
  • - Digital edition of the magazine
  • - Access to premium content
  • - Access to the SJ Archives
  • - Weekly email newsletter
  • - Access to the SJ community online
  • - Advanced search feature
  • - Online support
  • - Access to SJ app- coming soon!
  • - 6 special focuses per year
  • - Special offers on SJ and IICJ events

Corporate User

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on george.miller@solicitorsjournal.com.