In this article, we draw on our experiences and observations as practitioners and scholars, and consider how the therapeutic jurisprudence (TJ) toolkit can enhance the representation of persons with mental disabilities in all aspects of the legal system. We hope that readers will see that TJ is the perfect means for optimizing the psychology of persuasion in such representation. First, we will discuss the lawyer’s role and the conflicts that inevitably arise when lawyers represent persons with mental disabilities. Second, we will discuss the meaning of sanism, and how sanism dominates the entire representational process in such cases Third, we will discuss how the conflicts and the poison of sanism taint the lawyer-client relationship. We will subsequently discuss the meaning of TJ, and finally synthesize the material within the context of the psychology of persuasion, especially as it relates to the concept of validation.
Michael L. Perlin,
& Alison J. Lynch,
“Mr. Bad Example”: Why Lawyers Need to Embrace Therapeutic Jurisprudence to Root Out Sanism in the Representation of Persons with Mental Disabilities,
16 Wyo. L. Rev.
Available at: http://repository.uwyo.edu/wlr/vol16/iss2/3