VSB Seeks Public Comment on Amendments to Rule of Professional Conduct 1.14, Re: client with diminished capacity
May 29, 2026
Pursuant to Part 6, § IV, ¶ 10-2(C) of the Rules of the Supreme Court of Virginia, the Virginia State Bar is seeking public comment on proposed amendments to Rule of Professional Conduct 1.14.
The Virginia State Bar (VSB) seeks public comment on proposed amendments to Rule of Professional Conduct 1.14. The proposed amendments incorporate many of the changes recently made to ABA Model Rule 1.14 to provide additional guidance on a lawyer’s obligations when a client has diminished capacity.
The proposed amendments add or expand comments to the rule to provide specific guidance on representing a client who has an agent, guardian, or conservator in place, a client who is a minor, and a client with diminished capacity who is a criminal defendant. The amendments also significantly expand and clarify the lawyer’s role in taking protective action, including the factors that should be considered when taking protective action and how the lawyer should assess the need for protective action. The revised comments also clarify that the lawyer should generally advocate the least restrictive action appropriate to protect the client’s interests and should disclose confidential information only to the extent reasonably necessary to protect the client’s interests.
Inspection and Comment
The proposed rule is available at the link below.
Any individual, business, or other entity may submit written comments in support of or in opposition to the proposed amendments to Janet Van Cuyk, acting executive director of the Virginia State Bar, by close of business on July 31, 2026. Comments may be submitted via email to [email protected].
View proposed amendments to Rule 1.14 (pdf)