How should family lawyers work with clients who lose or lack capacity?
In this week’s NLJ, Nicola Beasley, senior associate, Stowe Family Law, explains the concept of litigation capacity, differentiates between this and decision-making, and offers practice points for cases in which clients lose, or lack, litigation capacity.
Beasley covers case law on the topic and sets out clear, practical advice for lawyers involved in cases in which issues about a client’s litigation capacity arise.
The author writes: ‘As with mental health, litigation capacity can fluctuate.’ She also advises lawyers to remember that litigation capacity ‘is not based on whether the person’s decisions are unwise or unusual, or on whether you agree with them or not’.
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