Representing Indigent Clients with Diminished Capacity

• In Event: Legal Services for the Indigent – Legal Representation and Mental Health

Abstract

Persons with mental illness, intellectual disabilities, and sex offenders found to have a mental abnormality are a disparate group. Yet one thing they do have in common is that may get entangled with the criminal justice system and be in need of free legal services. Capacity for these populations is something that can change over time and varies between persons. Clients who may have diminished capacity due to a disability are entitled to the same zealous representation as other populations are afforded. Attorneys are not supposed to substitute their judgment in place of their clients. Yet it is also the attorney’s role to advise clients of the possible consequences of their actions and to help them understand the legal issues they face to the best of their ability. Attorneys are often faced with the decision about whether they should raise competency to stand trial issues or a not guilty by reason of mental defect plea. Effectiveness of counsel can determine whether someone’s rights are protected or if instead they are unjustly confined.

Author

• Naomi M. Weinstein, MHLS