An article written by associate Tiggy Hawkesworth has been published in Solicitors Journal, delving into the aspects of managing client capacity in legal proceedings. The article explores the definition of general and litigation capacity, the presumption of capacity and the obligations solicitors have in dealing with clients who may lack capacity, offering insights into navigating this complex terrain carefully.
In every event, maintain detailed records of all interactions, including observations, conversations, and any steps taken to address capacity concerns. Documentation of such conversations is invaluable if legal disputes arise later."
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