Different, more difficult advocacy

The legal, medical and practical issues involved in mental health advocacy are unique to the discipline and they will come under the spotlight in an upcoming NZLS CLE intensive.

The Mental Health Intensive will be held in Christchurch on 28 July, Wellington on 29 July and Auckland on 30 July.

"Mental Health advocacy is a unique aspect of legal practice," the intensive’s chair, David Bates, says.

"The type of advocacy required of lawyers with mental health clients is not the purely adversarial kind more typically found elsewhere in the legal system. Lawyers with mental health clients must know and think about their duties to their clients, as they do in the adversarial system, but also preserve the therapeutic relationship those clients have with their clinicians – and this makes the task different and more difficult.

"This intensive will consider the legal and medical issues involved in advocacy in this area of law.

"It will also look at significant aspects of the developing law concerning the compulsory mental health assessment and treatment process: the Mental Health (Compulsory Assessment and Treatment) Act 1992 has been in operation for some 15 years, and court and Mental Health Review Tribunal decisions abound.

"All the sessions lead to the mock hearing at the end of the day.

"Although advocates in other courts can observe other counsel at work, advocates in Compulsory Treatment Order hearings can’t. This is your opportunity to observe, hear what a judge has to say and why – and to ask questions.

"Whilst the intensive is structured principally for legal practitioners who currently work in the mental health sector, or who intend to, we hope health professionals will also be interested
in attending," David Bates says.

Some financial assistance for this intensive may be available through the Douglas Wilson Advocacy Scholarship Trust. Application forms will be sent on request and applications close on 30 June.

Early bird registration for the intensive, which is supported by the Ministry of Health, the Legal Services Agency, the Mental Health Commission and the Ministry of Justice, closes on 30 June. If you do not have a brochure, ring NZLS CLE 0800 333 111 or see the CLE website www.lawyerseducation.org.nz/CourseDetails/bmhi08.htm.