Ethical Dilemmas in Working with Mentally Impaired Clients – NOSSCR 2026 Fall National Conference – Track I (Presented by National Organization of Social Security Claimants’ Representatives)
Asha has done numerous presentations about the disability process. She is a member of the National Organization for Social Security Claims Representatives and has presented to this organization multiple times. She has handled more than a thousand Social Security Disability hearings. Asha has had a wide range of experience in the law.
Paul has done numerous presentations about the disability process. He is a member of the National Organization for Social Security Claims Representatives and has presented to this organization multiple times. Paul provided protection and advocacy services for people with profound disabilities in institutionalized settings, for which he earned the outstanding clinical student award.
1 hour CLE
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Program Summary
The Rules Assume a Cooperative Client. Your Client's Illness May Not Cooperate
Ethics questions turn concrete fast when the client is mentally impaired. This session works from real-life examples: a client who withholds information, lies in court, makes suicidal or violent comments, or denies the mental illness at the center of the case.
Each dilemma pulls in two directions. The client's condition drives the conduct; the rules still govern the representative. Withheld information and courtroom lies implicate candor obligations. Suicidal or violent comments demand a response the rules must inform. Denial of the illness complicates the representation itself.
The speakers bring the authorities and the practice together: the rules and case law addressing each scenario, and practical tips for handling these dilemmas when they arrive in your own caseload — so the next one finds you prepared rather than improvising.
Eligible for up to 1 CLE Credit Hour
This session was originally submitted for CLE as a live, in-person presentation and a live webcast for the 2026 Fall National Conference and may be eligible for self-study credit. Each state handles self-study credit differently; for questions, please consult your State Bar Association.
Recorded Thursday, October 15, 2026.
Key topics to be discussed:
- Real-Life Dilemmas
Working from actual examples of ethical dilemmas in representing mentally impaired clients. - Withheld Information
The ethical problem when a mentally impaired client withholds information. - Lying in Court
Handling a client's false statements in court under the governing rules. - Suicidal or Violent Comments
Responding when a client makes suicidal or violent comments during the representation. - Denial of Mental Illness
Representing a client who denies the mental illness itself. - Rules, Case Law, and Practice
The rules and case law addressing these scenarios, with practical tips for handling each dilemma.
This course is co-sponsored with myLawCLE.
Date / Time: October 15, 2026
- 12:15 pm – 1:15 pm Eastern
- 11:15 am – 12:15 pm Central
- 10:15 am – 11:15 am Mountain
- 9:15 am – 10:15 am Pacific
Closed-captioning available
Speakers
J. Asha Sharma, Attorney | Disability Partners
Asha graduated with honors from the University of Minnesota Law School, where she was an editor at the Minnesota Law Review. Upon graduation, she clerked for the Minnesota 3rd District Court (Rochester, MN) and later at the Minnesota Court of Appeals.
- Recognition & Leadership
She was co-chair of the Social Security Section of the Minnesota State Bar Association.
- Professional Involvement
Asha has done numerous presentations about the disability process. She is a member of the National Organization for Social Security Claims Representatives and has presented to this organization multiple times. She was an Adjunct Professor at the William Mitchell School of Law from 2004 to 2006. She was a volunteer mediator at Ramsey County and also volunteered with Minnesota Attorneys for Human Rights, where she helped international refugees seeking asylum status.
- Experience
She has handled more than a thousand Social Security Disability hearings. Asha has had a wide range of experience in the law. For ten years, she worked for the Minnesota Department of Human Services in disability health, children’s mental health, and other areas.
Paul McGrath, Attorney | Disability Partners
Paul McGrath has worked in disability law since 2011, when he first started advocating for people with disabilities as a law intern through Albany Law School’s Civil Rights and Disability Law Clinic.
- Education & Credentials
After graduating with honors from Albany Law School in New York, Paul came on board with Disability Partners while also working as a volunteer attorney with Legal Aid’s Minnesota Disability Law Center.
- Recognition & Leadership
During his work in the law clinic, Paul provided protection and advocacy services for people with profound disabilities in institutionalized settings, for which he earned the outstanding clinical student award.
- Professional Involvement
Paul has done numerous presentations about the disability process. He is a member of the National Organization for Social Security Claims Representatives and has presented to this organization multiple times.
- Experience
Paul has represented more than a thousand of Social Security disability claimants at the initial, hearings, and Appeals Council stages of the administrative disability process. He also represents claimants in Federal Court.
Agenda
SESSION 1 – Ethical Dilemmas in Working with Mentally Impaired Clients | 12:15pm – 1:15pm
Presenters will discuss real-life examples of ethical dilemmas when representing mentally impaired clients, for example, withholding information, lying in court, making suicidal or violent comments, or denying their mental illness. Speakers will discuss rules and case law addressing such scenarios, along with practical tips for handling these dilemmas.
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