On September 2, 2026, the American Bar Association issued Formal Opinion 525, which interprets revised ABA Model Rule 1.14 concerning clients who have “substantial difficulty receiving and understanding information, evaluating information, or making or communicating decisions even with appropriate support or accommodations.” While this new opinion gives solid guidance, for Texas lawyers, the governing authority remains Texas Disciplinary Rule of Professional Conduct (“TDRPC”) 1.17 which specifically addresses "Clients with Diminished Capacity."

The good news is that Opinion 525 and Rule 1.17 share many core principles. Both emphasize preserving client autonomy, maintaining the attorney-client relationship whenever possible, and using protective measures only when necessary.

The Fundamental Rule: Treat the Client as the Client

The central message of both authorities is simple: a lawyer should maintain a normal client-lawyer relationship to the greatest extent reasonably possible. TDRPC 1.17 expressly states that when a client's capacity is diminished, the lawyer…