Mental Illness and Professional Regulation: The Duty to Report a Fellow Lawyer to the Law Society

Authors

  • Andrew Flavelle Martin

Abstract

Lawyers have a largely overlooked duty to report other lawyers to the law society in a range of circumstances. This duty contemplates mental illness, explicitly or implicitly, as a reportable condition and thus engages issues of stigma and discrimination. This article analyzes this reporting duty with a focus on its implications for lawyers with disabilities. The article begins by examining the history and text of the rule and considering several legal problems it presents. It then canvasses law societies’ duties to their members with disabilities under human rights law and analyzes how the duty to report interacts with human rights law. It concludes by making recommendations for law societies, including amendments to the rule containing the reporting duty.

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Published

2021-03-11

Issue

Section

Articles