Options for the Forensic Mental Health Evaluator When Retaining Counsel Is Impaired

Area of Science:

• Forensic Psychology
• Psychiatry
• Legal Ethics

Background:

• Forensic mental health professionals encounter attorneys with performance deficits.
• These deficits may stem from various psychiatric conditions, including dementia, substance use disorders, and mood disorders.
• This presents a significant ethical and professional challenge.

Purpose of the Study:

• To explore the dilemmas faced by forensic professionals working with impaired attorneys.
• To examine the ethical considerations and available guidance for such situations.
• To propose potential strategies for addressing attorney impairment.

Main Methods:

• Presentation of two de-identified case studies involving impaired attorneys.
• Review of codified ethics guidance for attorneys, psychiatrists, and psychologists.
• Analysis of the challenges in providing expert witness and consultation services.

Main Results:

• The cases highlight the difficulties in assessing and responding to attorney impairment.
• Existing ethical codes provide limited, though relevant, direction.
• Several response options exist, but none are universally applicable.

Conclusions:

• Forensic professionals must navigate complex ethical considerations when dealing with impaired attorneys.
• A range of responses, from inquiry to withdrawal, may be necessary.
• Further development of ethical guidance may be beneficial.