Psychological Red Flags in Legal Clients: How to Recognize Signs That Can Affect Your Client’s Participation in the Case

Overview: 

Clients’ mental health and cognitive impairments pose ethical, legal, and administrative challenges, not to mention emotional stress. 

This one-hour course-designed and delivered by a psychotherapist-offers useful insights into common difficulties and tips for dealing with them. This will include a modern, multidimensional look at these psychological problems including early signs or “red flags” for recognizing them and how they may impact client participation, credibility, and legal strategy.

Participants will explore how mental illness, personality disorders, and trauma-related conditions manifest in legal contexts, often in ways that are misunderstood or mishandled. The course emphasizes practical matters such as risk mitigation and personal safety, documentation strategies, and how to challenge expert witness testimony.

Rather than diving deep into clinical diagnostics, this session equips attorneys with a framework for recognizing behavioral and communication patterns, setting boundaries with compassion, and ethically navigating diminished capacity. It also provides guidance on de-escalation techniques, cultural considerations, and appropriate referrals—ensuring attorneys are better prepared to advocate for and protect vulnerable clients.

Course Objective: 

• Identify behavioral and communication patterns that may signal mental illness or cognitive impairment in legal clients.
• Distinguish between personality traits, situational stress, and diagnosable mental health conditions.
• Understand how common disorders (e.g., depression, BPD, PTSD, psychosis) affect legal strategy and client participation.
• Apply practical de-escalation techniques and communication styles with volatile or impaired clients.
• Recognize ethical boundaries and avoid role confusion when working with psychologically vulnerable individuals.
• Document client instability and risk factors in a legally defensible and ethically sound manner.
• Navigate professional responsibility obligations under ABA Rule 1.14 when representing clients with diminished capacity.
• Evaluate expert witness testimony for gaps in methodology, bias, and failure to meet Dusky criteria.
• Prepare clients who are highly vulnerable to stress and manipulation for depositions and court appearances.
• Understand when and how to refer clients to therapy or facilities without breaching ethical boundaries.
• Assess safety risks and implement protective measures for unpredictable client behavior.
• Integrate cultural and regional considerations into legal strategy for mentally ill or cognitively impaired clients.
• Set boundaries with high-maintenance clients while maintaining empathy and professionalism.

Target Audience: 

• Attorneys and other legal professionals who may have responsibilities affected by clients with mental disorders, including personality disorders or drug addiction, or limited cognition.

Basic Knowledge:

Knowledge of or experience with mental disorders is not necessary as the course will start with an overview that establishes useful perspectives and a practical understanding of key terms.