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Under the auspices of/Sous l'égide de - International Academy of ...

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419.5.The True Interest <strong>of</strong> <strong>the</strong> Client: Dilemmas for Attorneys in Therapeutic LawStefan Sjöström, Umeå University (Stefan.sjostrom@socw.umu.se)Maritha Jacobsson , Umeå UniversityAnna Hollan<strong>de</strong>r, Umeå UniversityIn <strong>the</strong>rapeutic law, courts <strong>de</strong>ci<strong>de</strong> whe<strong>the</strong>r coercive intervention from authorities such as a psychiatric clinicor social welfare <strong>of</strong>fice is warranted. The persons who are subjected to coercive interventions are typicallyin a position where <strong>the</strong>re capability to make rational <strong>de</strong>cisions about <strong>the</strong>ir own well-being is questioned.Hence, attorneys representing <strong>the</strong>se clients face peculiar dilemmas, in particular with regards to what itmeans to “represent” un<strong>de</strong>r such circumstances. Representing <strong>the</strong> client’s interest can be conceived in threemajor ways: 1) to “win” <strong>the</strong> case (“<strong>de</strong>fen<strong>de</strong>r”) 2) to give voice to <strong>the</strong> client (“mouthpiece”) 3) toaccomplish <strong>the</strong> best solution for <strong>the</strong> client (“<strong>the</strong>rapist”). In <strong>the</strong> paper, we analyse <strong>the</strong> role <strong>of</strong> attorneys inSwedish court hearings concerning three types <strong>of</strong> cases relating to coercive interventions against citizens:compulsory psychiatric care, compulsory care for drug and alcohol abusers, and cases where socialauthorities question parents’ ability to care for <strong>the</strong>ir children. The analysis is based on 45 court hearings andinterviews with 31 participants. Findings indicate that <strong>the</strong> dominating roles for attorneys are as“mouthpiece” and “<strong>the</strong>rapist”, ra<strong>the</strong>r than “<strong>de</strong>fen<strong>de</strong>r”.10. Children and Mental Health Treatment10.1. Have We Gone too Far in Labeling Children ADD/ADHD?David R. Friedman, Attorney-at-law, Madison, USA (friedlaw@chorus.net)A fe<strong>de</strong>ral law known as <strong>the</strong> Individuals with Disabilities Education Act (IDEA) mandates that schools,upon proper notice, evaluate stu<strong>de</strong>nts to <strong>de</strong>termine if that stu<strong>de</strong>nt has a disability. The purpose <strong>of</strong> <strong>the</strong> law isto ensure that children receive a free appropriate education (FAPE) in <strong>the</strong> least restrictive environment(LRE).If it is <strong>de</strong>termined that a child is in need <strong>of</strong> services, a plan known as an Individualized Education Plan(IEP) is <strong>de</strong>vised. This plan indicates <strong>the</strong> level <strong>of</strong> special education services to be provi<strong>de</strong>d, <strong>the</strong> location <strong>of</strong><strong>the</strong>se services and <strong>the</strong> amount a time a stu<strong>de</strong>nt will be placed in ei<strong>the</strong>r a special education program oreducated with <strong>the</strong> stu<strong>de</strong>nt’s non-disabled peers. This plan cannot be changed except by reworking <strong>the</strong> IEP.Certain disciplinary suspensions and expulsions based upon a stu<strong>de</strong>nt’s behavior cannot take place where<strong>the</strong> stu<strong>de</strong>nt’s behavior is a manifestation <strong>of</strong> <strong>the</strong> disability. When discipline is going to be imposed, parentsand stu<strong>de</strong>nts who were not previously classified as disabled, <strong>of</strong>ten seek to have <strong>the</strong> stu<strong>de</strong>nt classified asdisabled to avoid <strong>the</strong> disciplinary action.The most common disability associated with behavioral problems is ei<strong>the</strong>r ADD or ADHD. Many <strong>of</strong> <strong>the</strong>disease’s symptoms are <strong>the</strong> same as those associated with bad or inappropriate behavior.

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