If Rule 1.14 Sets the Floor, How Can Law Clinics Raise the Ceiling?; Teaching Best Practices when Representing Clients with Diminished Capacity

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Session Type: Concurrent Sessions

Session Capacity: N/A

Hotel: N/A

Room: Union Square 3&4

Floor: 4th Floor

This session will identify the challenges involved in interacting with prospective clients and representing clients with diagnoses (known or unknown) that impact their cognitive functioning, discuss the limited scope and low bar established by Rule 1.14, and offer participants an opportunity to collaboratively develop best practices for representing clients with cognitive impairment, whether or not they meet the Rule 1.14 definition of “diminished capacity.” In keeping with the conference theme of “Hope as Discipline”, the primary goals of the session will be to demonstrate the ways in which Law Clinics are uniquely suited to zealously represent clients with cognitive impairments and inspire Clinicians to center these clients and rise above the floor set by Rule 1.14. Clinicians who attend this session will: ● Have a better understanding of the impact of physical and mental health diagnoses on cognitive functioning and the frequency with which our clients’ cognitive functioning may be impacted by their physical or mental health ● Have an opportunity to revisit and reframe challenging client interactions in light of their increased understanding of the impacts of physical and mental health on clients’ cognitive functioning ● Be introduced to screening tools that can be appropriately used by non-medically trained advocates to identify clients with impaired cognitive functioning who may benefit from a referral to a medical provider for a diagnosis ● Be provided with concrete recommendations for communicating with and representing clients with impaired cognitive functioning ● Work collaboratively to identify other tools and tactics Clinicians can use to support and guide students while representing clients with impaired cognitive functioning.