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

This paper addresses the challenges faced by forensic mental health professionals when evaluating attorneys who may be impaired due to various psychiatric conditions. The authors explore how these professionals can ethically respond to observed legal performance deficits, presenting options such as discreet inquiry, open discussion, treatment referrals, and potential withdrawal from the case. Through two de-identified case studies, the authors illustrate the complexities involved in providing expert witness and consultation services in such situations.