Attorney johnston's wife died last month. he is depressed and unable to concentrate on his work. he often finds the day has passed by and he has not accomplished anything on behalf of his many clients. next week he will go to court to argue a motion for which he will be completely unprepared. johnston question 96 options: may be found to be incompetent because his depression is keeping him from being thorough and properly preparing for the upcoming motion. may not be found to be incompetent because such a finding requires some element of intent. may be found to be incompetent only if he has a pattern of incompetence may be found to be incompetent only if his depression causes him to over indulge in alcohol or drugs.