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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 34 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 34 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

MP3 Download

  • AK CLE 1.0 including Ethics 1
     
  • Arizona CLE 1.0 including Ethics 1
     
  • CA MCLE 1.0 including Ethics 1
     
  • CT CLE 1.0 including Ethics 1
     
  • HI CLE 1.0
     
  • MO CLE 1.3
     
  • NJ CLE 1.3
     
  • NM CLE 1.0
     
  • NY CLE 1.0 including Ethics and Professionalism 1
     
  • OR CLE 1.0
     
  • UT CLE 1.0
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.3 including Ethics 1.3
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, 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.

  • AK CLE 1.0 including Ethics 1
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education, including 1.00 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1 including Ethics 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours' credit, including 1.1 hours of ethics credit.
     
  • 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.
     
  • Arizona CLE 1.0 including Ethics 1
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hours of professional responsibility.
     
  • 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.
     
  • CT CLE 1.0 including Ethics 1
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s) including 1.00 hour(s) of ethics credit.
     
  • FL CLE 1.5 including Ethics 1.5
     
  • This course has been approved by The Florida Bar for 1.5 hour(s) of CLE credit, including 1.50 hour(s) of ethics credit. Course classification: Intermediate level.
     
  • GA CLE 1.0 including Ethics 1
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours, including 1.0 ethics hours.
     
  • HI CLE 1.0 including Ethics 1
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours including 1.00 ethics credit hours.
     
  • IA CLE 1.0 including Ethics 1
     
  • Legal Ethics of Advising Clients With a Mental Illness is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.0 hours of credit, including 1.00 hour(s) of ethics credit toward the mandatory continuing legal education requirements under the Iowa rule and .
     
  • ND CLE 1.0 including Ethics 1
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit, including 1.00 hours of ethics credit.
     
  • NH MCLE 1.1 including Ethics 1.1
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 67 minutes of ethics credit.
     
  • NJ CLE 1.3 including Ethics 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit. Of these, 1.3 qualify as hours of credit for ethics/professional responsibility.
     
  • 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.
     
  • PA CLE 1.0 including Ethics 1
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours including 1.00 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.0 including Ethics 1
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit, including 1.00 hours of ethics credit.
     
  • TN CLE 1.12 including Dual 1.12
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.12 hours of credit, including 1.12 hours of dual credit.
     
  • UT CLE 1.0 including Ethics 1
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.0 CLE hours, including 1.00 hours of ethics credit.
     
  • VT CLE 1.0 including Ethics 1
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit including 1.00 hour(s) of ethics credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WV MCLE 1.3 including Ethics 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours, including 1.3 hours of ethics credit.
     
  • NALA 1.12 including Ethics 1.12
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.12 hour(s) including 1.12 hour(s) 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 34 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 34 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.

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Product ID: 406572
Published 2021
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