Ethical Guidance for Working with Clients Facing Mental Health Issues

Carolyn Reinach Wolf | Abrams Fensterman, LLP

Carolyn Reinach Wolf is an Executive Partner in the law firm of Abrams Fensterman, LLP and Director of the firm’s Mental Health Law practice. Supported by a team of expert clinicians, she specializes in navigating the complex landscape of legal issues utilizing her mental health toolkit including but not limited to, hospital admissions, mental hygiene warrants, case management, referrals to mental health out-patient services, Assisted Outpatient Treatment applications, and guardianship. She also represents institutions, mental health, healthcare higher education and related professionals. Ms. Wolf is a regular contributor to Psychology Today, was profiled by The New York Times in a 2013 story entitled, “A Guide in the Darkness,” which ran on the front page of the Sunday Edition Metro section and teaches Law and Psychiatry as an adjunct professor of law at Hofstra University School of Law. Ms. Wolf received a B.A. with honors from the University of Maryland, Master of Business Administration from Hofstra University, Master of Science in Health Services Administration from Harvard University, and a J.D. from Hofstra University School of Law.

Elizabeth Eckhardt, LCSW, PhD | Nassau County Bar Association’s Lawyer Assistance Program

As Director of the Nassau County Bar Association Lawyer Assistance Program (LAP), Dr. Eckhardt provides confidential professional counseling services to lawyers, judges, law students, and their immediate family members who are struggling with mental health and substance use problems. Dr. Eckhardt also conducts outreach and education to law firms, law schools, and legal departments on topics such as substance use, mental health, suicide prevention, time management, stress management, wellness, and mindfulness. The LAP program provides early identification, crisis intervention, peer support, stress management, and monitoring services.

For more than 30 years, Dr. Eckhardt has been providing individual, couple, and family therapy through her private psychotherapy practice.

Dr. Eckhardt was recently honored with the 2023 Nassau County Bar Association’s President’s Award for her extraordinary efforts toward furthering the goals of the Nassau County Bar Association.

I. Recognizing red flags signaling a mental health impairment | 1:40pm – 2:00pm

II. Ethical responsibilities when assessing client capacity and competence – ABA Model Rule 1.14: Client with Diminished Capacity | 2:00pm – 2:15pm

III. Navigating informed consent with clients experiencing psychiatric conditions | 2:15pm – 2:30pm

IV. Confidentiality and privileged communication with clients facing mental health challenges | 2:30pm – 2:40pm

Break | 2:40pm – 2:50pm

V. Balancing advocacy with the client’s best interests: When to involve guardians or conservators | 2:50pm – 3:00pm

VI. Collaborating with mental health professionals while maintaining ethical boundaries | 3:00pm – 3:10pm

VII. The importance of self-care and lawyer well-being | 3:10pm – 3:20pm