Social Welfare Law Commons^™

The Legal Advocate And The Questionably Competent Client In The Context Of A Poverty Law Clinic, Diana A. Romano

Osgoode Hall Law Journal

Advocates representing the poor must, above all, take into account the extreme vulnerability of their clients. This challenge is heightened where one suspects that a client may lack the capacity to provide appropriate instructions. This article considers the issue of how competency should be defined and the options available where incompetency is determined. Ultimately, advocacy must include personal empowerment as well as legal representation.