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Can an attorney volunteer to represent someone who is mentally unable to seek an attorney?

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Can an attorney volunteer to represent someone who is mentally unable to seek an attorney?

 

asked Oct 15, 2012 in Legal Topics by Vella Allessi Newbie (120 points)
recategorized Oct 16, 2012 by Richard S
   

1 Answer

+2 votes
No. What you’re describing is called “champerty and maintenance,” in which a lawyer who has no legal interest in a case brings it anyway. The case would be dismissed, and the lawyer would be subject to disbarment. If the family will not take steps, that reflects the family’s decision to do nothing. Besides, if the patient is brain dead, then there is no client to represent.
answered Jan 6, 2014 by kfox Inquisitive Expert (83,500 points)

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