Meeting the Increasing Demands on Family Attorneys Representing Clients with Mental Health Challenges

Abstract

The changing nature of family court and increasing awareness of mental health challenges force family lawyers to navigate tricky legal, ethical, and practical issues. This article reviews increased complexity for litigants as a result of procedural changes in the current family court, the rise of pro se representation, and statutory changes encouraging shared parental care of children. It analyzes common legal and ethical challenges for attorneys representing potentially impaired clients. It details practical means of supporting clients and increasing their capacity to engage meaningfully in family court matters. This roadmap can guide lawyers in improving their knowledge and skills in order to meet legal and ethical standards for representing family law clients with mental health challenges. Key Points for the Family Court Community: Trends such as procedural changes in the current family court, the rise of pro se representation, and statutory changes encouraging shared parental care of children require significant engagement and competence on the part of litigants. Family attorneys have a complex task in representing a possibly impaired client, as they must gauge the client's level of functioning throughout the legal process to ensure the client has sufficient capacity to participate meaningfully. Legal requirements and ethical guidelines address and shape many aspects of an attorney's interactions with a client living with mental illness. Experienced attorneys can support clients in maximizing their capacity to engage in family court proceedings.