NARPA
"Said I, `But You Have No Choice’”: Why a Lawyer Must Ethically Honor a Client’s Decision about Mental Health Treatment Even if it is Not What S/he Would Have Chosen
This presentation will include a discussion and recommendations for circumstances in which the client’s direction is in opposition to “best interest” or expert testimony and includes a discussion of ethics and legal decisions surrounding such situations.
Goals for this Presentation:
- To remind attorneys that honoring the client’s direction is paramount
- To provide the legal, ethical background for dealing with such situations
Perlin, Michael L. and Weinstein, Naomi, 'Said I, 'But You Have No Choice': Why a Lawyer Must Ethically Honor a Client's Decision About Mental Health Treatment Even if It Is Not What S/He Would Have Chosen (August 23, 2016). NYLS Legal Studies Research Paper No. 2828288. Available at SSRN: https://ssrn.com/abstract=2828288 or http://dx.doi.org/10.2139/ssrn.2828288. Full text (pdf)
Further reading:
Perlin, Michael L. and Weinstein, Naomi, 'Friend to the Martyr, a Friend to the Woman of Shame': Thinking About the Law, Shame and Humiliation (January 17, 2014). Available at SSRN: https://ssrn.com/abstract=2380701 or http://dx.doi.org/10.2139/ssrn.2380701.
Perlin, Michael L., 'For the Misdemeanor Outlaw': The Impact of the ADA on the Institutionalization of Criminal Defendants with Mental Disabilities. Alabama Law Review, Vol. 52, P. 193, 2000. Available at SSRN: https://ssrn.com/abstract=262391.
Perlin, Michael L., 'Too Stubborn to Ever be Governed by Enforced Insanity': Some Therapeutic Jurisprudence Dilemmas in the Representation of Criminal Defendants in Incompetency and Insanity Cases. International Journal of Law and Psychiatry, Vol. 33, No. 4/5, 2010; NYLS Legal Studies Research Paper No. 09/10 #15. Available at SSRN: https://ssrn.com/abstract=1523944.
Salzman, Leslie, Rethinking Guardianship (Again): Substituted Decision Making as a Violation of the Integration Mandate of Title II of the Americans with Disabilities Act (December 14, 2009). Cardozo Legal Studies Research Paper No. 282; University of Colorado Law Review, Vol. 81, p. 157, 2010. Available at SSRN: https://ssrn.com/abstract=1567132.