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OnDemand Course

Legal Ethics of Advising Clients With a Mental Illness

Learn how to protect your client, yourself, and the record when working with clients with a mental illness.

Whenever you deal with clients, there will be those with mental illness. Some of course, are incompetent and require assistance or a guardian or surrogate. Far more will be quite self-sufficient - who are afflicted to various degrees - and mostly undiagnosed. They bring to their lawyers a cornucopia of psychological and psychiatric maladies which affect their understanding, judgment, behavior, and even our ability or desire to work with them. They also may bring additional risks associated with their illness. Fortunately, most of our clients' metal illnesses are minor, and we rely on generalizations and our own experience in diagnosing some of them. Your client was paranoid because she was quick to pay you to make the problem go away but became suspicious of you when the matter dragged on. Your obsessive-compulsive-type client provided you with far more documentation than you needed when you asked but was upset when you didn't use it ALL at the hearing. In this fast-moving topic you will learn tell-tale signs of the most common neuroses and psychoses. You will learn to spot the issues - particularly the ethical issues - that arise when our client's mental status is amiss. Learn how to advise your client when the client clearly needs help. Learn what you may say, what you must say and what you must not say or do in the circumstance. Learn how to protect your client, yourself, and the record - along with your own sanity - when dealing with such challenging clients.

67 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

What Are the Common Mental Issues That Affect Our Clients?

  • Procrastination
  • Approach-Avoidance
  • OCD
  • Paranoia
  • Anxiety
  • Anger
  • Dementia
  • COVID-19/Quarantine Issues

What Are the Common Issues With Clients That Result From Their Mental Illness or Defect?

What Is Your Obligation to Report or Reveal What You Know? What Are Your Limitations?

How Do You Protect Yourself When Dealing With Such Troubled Clients?

How to Find Resources That May Assist You in Working With Such Clients

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on October 6, 2021.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.0 including Ethics 1
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board, including 1.00 hours of ethics credit.
     
  • CA MCLE 1.0 including Ethics 1
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit, of which includes 1.00 hours of ethics credit.
     
  • NM CLE 1.1 including Ethics 1.1
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.1 hours of credit, including 1.1 hours of ethics credit.
     
  • NV CLE 1.0 including Ethics 1
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours, including 1.00 hours of ethics credit.
     
  • NY CLE 1.0 including Ethics and Professionalism 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Ethics and Professionalism for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OR CLE 1.0 including Ethics 1
     
  • Approved for 1.0 CLE credits in Oregon, including 1.00 hours of ethics credit.
     
  • WA CLE 1.0 including Ethics 1
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit, including 1.00 hours of ethics credit.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Marc D. Garfinkle

Marc D. Garfinkle

Law Office of Marc Garfinkle

  • In his practice at the Law Office of Marc Garfinkle, the incidence of clients with mental illness is quite high, he represents attorneys and judges; not just any attorney or judge, but those who have issues with their licensing authorities; sometimes their mental illness or defect is what prompted the issues which came to the bar’s attention; other times, the process itself creates, exacerbates, or resurrects tendencies toward depression, paranoia, anxiety, and suicidal ideation
  • His practice is orderly and civil, his clients typically are stressed out, sometimes to the max; he has had two clients take their own lives and there were a few that were ‘talked off the ledge’ as a result of ethics investigations
  • Practicing solo since 1978, now limited to attorney ethics and discipline, Bar Admission
  • Wrote “Solo Contendere: How to Go Directly from Law School into the Practice of Law without Getting a Job” 3rd ed, Solo Contendere Press, 2008, 2103; and “I Wasn’t Myself: Mental Illness and Legal Ethics” NJ Law Journal, April 2015
  • Adjunct Professor at Seton Hall University Law School since 2006
  • Regular columnist: Legal Ethics and Commentary, NJ Law Journal
  • Former Attorney Ethics Investigator and former Chair of the NJ District VB Attorney Ethics Committee
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
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  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 406572
Published 2021
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