can an attorney volunteer to represent someone who is mentally unable to seek an attorney?
If an attorney is aware that a brain-dead person has been victimized in some way, can that attorney take initiative and represent that person even though not requested to do so? This is purely academic so feel free to be creative with the question and any related variables.
I guess what I’m really asking is how to assert this ability in court if the defenese were to object. Is there a statute or case law to reference?
No. What you’re describing is called “champerty and maintenance,” in which a lawyer who has no legal interest in a case brings it anyway.
The case would be dismissed, and the lawyer would be subject to disbarment.
If the family will not take steps, that reflects the family’s decision to do nothing. Besides, if the patient is brain dead, then there is no client to represent.
Attorney Gen. On Zazi Case
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