Recognizing and Serving Clients with Mental Health Concerns

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Published by: State Bar of Wisconsin PINNACLE
ISBN: 978-1-57862-769-1 224+ pp.; 1st ed.; 2026-2027
Recognizing and Serving Clients with Mental Health Concerns

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Mental health concerns arise across nearly every practice area, and attorneys regularly encounter situations where mental health plays a meaningful role in representation. This book provides framework for evaluating client capacity and decision-making ability, navigating ethical responsibilities, advising on guardianship, addressing disability protections, and working with minors or vulnerable adults.

Originally developed as a single comprehensive resource, Mental Health and the Law has been restructured into two focused volumes to better reflect how attorneys actually practice. Volume 1 serves as the client-centered guide, equipping attorneys to assess capacity, navigate ethical obligations, and advise clients across a wide range of legal contexts, while Volume 2 will address courtroom procedure and litigation strategy. The chapters are organized to reflect this framework, covering the key areas outlined below.

Foundations of Mental Health in Legal Practice

Introduces the role of mental health, vulnerability, and trauma in legal contexts.

Guardianships and Protective Placements

Covers statutory authority, standards, and procedures for guardianships and protective placements, including less restrictive alternatives and key considerations in determining necessity and scope.

Representing Youth with Mental Health Needs

Provides practical guidance on working with minors, including confidentiality, education law, benefits eligibility, and navigating CHIPS, JIPS, and delinquency proceedings.

Legal Duties of Mental Health Professionals

Explains malpractice, informed consent, confidentiality, privilege, and reporting obligations, helping attorneys understand the legal responsibilities and limitations of mental health providers.

Disability Rights and Anti-Discrimination Protections

Analyzes federal and Wisconsin protections across employment, housing, education, and public services, with practical guidance on applying ADA, WFEA, FHA, IDEA, and related laws.

Benefits and Public Support Systems

Provides step-by-step guidance on accessing and protecting benefits, including Social Security disability, Medicare/Medicaid, workers’ compensation, veterans’ benefits, and state programs.

For an in depth view of the content in this book, please click to view Table of Contents.

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