Representing a Criminal Defendant with Diminished Capacity: Ethical and Constitutional Issues 2026

  • OnDemand seminar
  • Attorney Regulation
  • Criminal Law
Up to 1.0 Credit Hour
Representing a Criminal Defendant with Diminished Capacity: Ethical and Constitutional Issues 2026

The competency conflict

When a criminal defendant struggles to understand the proceedings or make informed decisions, defense counsel faces an ethical balancing act. Wisconsin law requires defense counsel to notify the court if there’s reason to doubt a client’s competency, even when the client objects. But confidentiality rules prohibit revealing the reasons behind that concern. This tension between constitutional mandates and professional ethics tests defense counsel’s judgment, discretion, and duty to both client and court.

Representing a Criminal Defendant with Diminished Capacity: Ethical and Constitutional Issues provides clarity on the ethical, procedural, and constitutional dimensions of competency and the practical guidance you need to meet your obligations.

Product details

Faculty

  • Make sound, defensible decisions when client competency is in question
  • Preserve client trust while meeting your constitutional and ethical duties
  • Avoid ethical missteps when confidentiality and court duties conflict
  • Reduce the risk of disciplinary complaints or ineffective assistance claims
  • Ensure your advocacy meets both constitutional and professional standards
  • Prosecutors
  • Criminal defense lawyers
  • Public defenders
  • Criminal appeals lawyers

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