Clients and the Capacity to Advise Counsel

Mental Health and Trauma Video
  • 0.5 Substantive Hours
  • 0.5 Professionalism Hours
English only

Session Overview

Our webinar series on working with clients who have suffered trauma is being expanded to include a new video with Kelley Bryan (Swadron Associates) on how Counsel should act when capacity to advise counsel arises. Ms. Bryan begins this presentation with an overview of general concepts including the presumption of capacity and ability to understand and appreciate, on the many facets of the concept of ‘capacity’ and goes into considerable length on the duties of lawyers representing clients with capacity or disability issues. What is the duty to accommodate? What if a client is incapable to advise? What is the process and possible outcomes of appointing amicus curiae? Ms. Bryan brings a wide range of views supported by cases and experience and closes the discussion with a review of duties of counsel on clients who are capable.

Length of video: 1 hour (30 minutes of Professionalism Content and 30 minutes of Substantive Content accredited by the Law Society of Upper Canada)

CPD Accreditation

Available session formats and materials
  • Mental Health and Trauma
  • Video