College of Law Distinguished Professor Nina Kohn, along with co-author Charlie Sabatino, Aging and Law Consultant, Former Director of the ABA Commission on Law and Aging,
have contributed the article, ”ABA Considers Important Changes to Its Ethics Rule Governing Representation of Clients with Decision-Making Limitations” to the American Bar Association’s Commission on Law and Aging publication Bifocal.
In February 2026, the ABA will consider proposed revisions to Model Rule of Professional Conduct (MRPC) 1.14, the ethics rule governing representation of clients who—by reason of cognitive disability, substance use, youth, or something else—have challenges making reasoned decisions.
In their article, Kohn and Sabatino outline several problems with the existing rule and how the proposed new rule would address them:
- Modernizing Language, Clarifying When the Rule Applies
- Removing Language That Unintentionally Encourages Guardianship
- Providing Clearer Direction on Permissibility of Protective Action, Including Disclosures
- Clarifying that Clients Who Have Surrogate Decision-Makers Have Access to Counsel
- Including Best Practices When Representing Clients with Decision-Making Limitations
- Offers Much-Needed Guidance for Specific Types of Representations